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Patna High Court · body

2001 DIGILAW 155 (PAT)

Sujit Kumar Yadav Brahma v. Union Of India

2001-02-19

RAVI S.DHAVAN, SHASHANK KR.SINGH

body2001
Judgment 1. The Central Bureau of Investigation has filed an interlocutory application No. 892 of 2001, in effect, seeking modification of order of the High Court dated 17 January, 2001 with a prayer to be relieved from inquiring into the present matter of mishandling of public funds on which the Comptroller and Auditor General of India has already recorded an audit report. 2. After the lunch recess, learned counsel appearing on behalf of the C.B.I. Mr. Rakesh Kumar, Additional Standing Counsel, made a statement upon instruction that the application is being withdrawn. The Court appreciates this gesture. 3. The Court needs to record that it is already aware that the C.B.I. may be over burdened for being required to investigate certain cases. But, in so far as the Court is concerned, the occasion to call upon the C.B.I. is presented only when a situation warrants their presence and take over their obligation to investigate circumstances presented in a given situation. The Court does so because it rests on a confidence that the C.B.I. is a select agency and to find alternatives to C.B.I. are not available readily. At times, when the functioning of the affairs of the State are not according to law and citizens allege violation of law, the rule of law and there are glaring financial irregularities which go against the grain of handling of public finances according to fiscal discipline, then, these are circumstances which oblige that those who violate the rule of law or have mishandled public finances their conduct should be inquired into. There are other circumstances on human right violations of victims who need protection of the State but the State agencies themselves may have caused violation of the law. Then, those who violate human rights and citizens seek redress by constitutional remedies, on these occasions and in given circumstances the High Court at times considers it appropriate to call upon the C.B.I. to investigate. 4. Some States will have less investigations. Other States depending upon the political situation where licence to break the law may be becoming a second habit with those who habitually break the law normal investigation has to give way to special investigation. The Court is fully alive to the situation that there will be pressures on the investigating agency with several investigations undertaken simultaneously. Other States depending upon the political situation where licence to break the law may be becoming a second habit with those who habitually break the law normal investigation has to give way to special investigation. The Court is fully alive to the situation that there will be pressures on the investigating agency with several investigations undertaken simultaneously. But, if the investigating agency will tell the Court that the investigation is beyond its capacity then these will be dangerous times. The order of the Court and the law is enforced by the law enforcement agencies. These are also the investigating agencies. The C.B.I. is a select brand of hand picked people but at times have been called upon to investigate the administrator also. 5. In the circumstances, the Court appreciates that the C.B.I. has withdrawn the application seeking to opt out of investigating these matters. The Court, of course, is alive to the situation that there is lack of man power as the C.B.I. has suggested in its application. In so far as this aspect is concerned, the Court expects that (a) the Director General of C.B.I. will post more personnel as the work load may increase on the C.B.I. to investigate more matters and (b) the Advocate General, Bihar, may advise the State of Bihar to allocate more personnel as may be required by the C.B.I. 6. The I.A. Application, as already mentioned above, has been withdrawn by the C.B.I. 7. In so far as the report of the C.B.I. is concerned, put up immediately after six weeks, i.e., on 3 April, 2001.