LexMANOHAR LAL SHARMA versus THE PRINCIPAL SECRETARY AND ORS.
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[2013] 17 S.C.R. 1099 MANOHAR LAL SHARMA v. THE PRINCIPAL SECRETARY AND ORS. (Writ Petition (Criminal) No. 120 of 2012) DECEMBER 17, 2013. [R.M. LODHA, KURIAN JOSEPH AND MADAN B. LOKUR, JJ.] DELHI SPECIAL POLICE ESTABLISHMENT A B ACT, 1946: C s. 6-A - Approval of Central Government to conduct inquiry or investigation - Court monitored investigation -- Allocation of coal blocks - Investigation by CBI - Supreme Court monitoring the investigation - Held: Approval of Central Government is not necessary uls 6A in a matter where D inquiry/investigation into the crime under the PC Act is being monitored by Supreme Court - This position holds good in cases which are directed by the Court to be registered and the inquiry/investigation thereon is actually being monitored by it - When Court monitors the investigation, there is already E departure inasmuch as the investigating agency informs the Court about the progress of the investigation - Once the constitutional court monitors the inquiry/investigation which is only done in extraordinary circumstances and in exceptional situation having regard to the larger public interest, the inquiry/ F investigation into the crime under the PC Act against public servants_ by CBI must be allowed to have its course unhindered and uninfluenced and the procedure contemplated by s.6A cannot be put at the level which impedes exercise of constitutional power by Supreme Court G under Arts. 32, 136 and 142 of the Constitution - Any other view in this regard will be directly inconsistent with the power conferred on the highest constitutional Court - The fact that the investigation is monitored by the constitutional court is 1099 H 1100 SUPREME COURT REPORTS [2013] 17 S.C.R. - ._, A itself an assurance that investigation/inquiry by CBI is not actuated with ulterior motive to harass any public servant and the investigating agency performs its duties and discharges its responsibility of fair and impartial investigation uninfluenced by extraneous considerations - Any prohibition B or restriction contained in ordinary laws cannot act as a /imitation on the constitutional power of Supreme Court - In the event any senior officer (Joint Secretary or above) or the Central Government in an ongoing inquiry/investigation by CBI.being monitored by the Court has reason to believe that c such officer may be unnecessarily harassed by CBI, then Central Government or the senior officer can always apply to the: Cpurt which is monitoring the inquiry/investigation for protection of his rights - The interplay between s. 6A of the Act and a constitutional court monitored investigation should be such as to protect senior government officials from D frivolous and vexatious complaints and at the same time · prevent them from exercising influence or prolonging the grant of previous approval by the Central Government thereby · effectively scuttling the investigation - Besides, the Code enables ff.le local police to investigate a senior Government E officer without previous approval of Central Government [ss. 156 and 155] - It is, therefore, necessary that s. 6A be so interpreted that the requirement of a previous approval is not necessary when the investigation by CBI is being monitored by a constitutional court - An official act of CBI must also be F presumed to have been done in accordance with law - Constitution of India, 1950 - Arts. 32, 136 and 142 - Code of Criminal Procedure, 1973 - ss.155 and 156. INVEST/GA TION: G Court's power in respect of investigation - Held: Power H to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters - Courts ordinarily do not interfere in the matters of investigation by police, particularly, when the facts and circumstances do not indicate MANOHAR LAL SHARMA v. PRINCIPAL SECRETARY 1101 that the investigating officer is not functioning bona fide - In A very exceptional cases, however, where courl finds that the police officer has exercised his investigatory powers in breach of the statutory provision putting the personal liberty and/or the properly of the citizen in jeopardy by illegal and improper use· of the power or there is abuse of the investigatory power B and process by police or investigation by police is found to be not bona fide or investigation is tainted with animosity, courl may inteNene to protect personal and/or properly rights of
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