The Delhi High Court dismissed a petition filed by Central Bureau of Investigation challenging the trial court order allowing inspection of documents kept in Malkhana room, by the accused people. The list of accused people includes former Union Minister P Chidambaram, his son Karti and their counsels in the INX Media corruption case.
The plea filed by CBI challenged the order of a Special CBI Court on March 5 that allowed the accused to inspect the documents collected during the course of investigation.
Justice Mukta Gupta passed the judgment after she had reserved it in August, dismissing the plea filed by CBI.
The order was passed by MK Nagpal, Special Judge (PC Act) of the trial court. The trial court had directed CBI to allow inspection of the documents kept in the Malkhana.
According to the said order, the petitioner (CBI) is required to file or produce all the documents collected during the course of investigation of the case before the court, also the accused were also entitled to copies of the documents collected during the investigation.
However, the CBI in its plea said that the accused possessed limited rights as codified which is the foundation of a very fair investigation and trial.
“The accused cannot claim an indefeasible legal right to claim every document of the police file or even the portions which are permitted to be excluded from the documents annexed to the report under Section 173(2) as per orders of the court.”
CBI
The Court while pronouncing it’s order said that the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other materials should be furnished to the accused.
“While furnishing the list of statements, documents and material objects under Sections 207/208, Cr. PC, the magistrate should also ensure that a list of other materials (such as statements or objects/documents seized, but not relied on) should be furnished to the accused. This is to ensure that in case the accused is of the view that such materials are necessary to be produced for a proper and just trial, she or he may seek appropriate orders, under the Cr. PC 3 for their production during the trial, in the interests of justice. It is directed accordingly; the draft rules have been accordingly modified.”
Central Bureau of Investigation (CBI) had registered an FIR alleging irregularities in a Foreign Investment Promotion Board (FIPB) on 15th May 2017 against INX Media Pvt. Ltd, Karti Chidambaram and other people under the Sections 120B read with sec 420 of Indian Penal Code along with sec. 8 ,12(2) and 13(1)(s) of the Prevention Corruption Act, 1988.
A money laundering case was also filed by the Enforcement Directorate (ED) based on the FIR lodged by the CBI. The economic offences watchdog had registered a PMLA (Prevention of Money Laundering Act) case.