KERALA CRICKET ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) On 17-5-2016 the Secretary of the petitioner Kerala Cricket Association (hereinafter referred to as the petitioner Association) received Ext. P-1 notice from the third respondent Central Bureau of Investigation (C.B.I.) requesting him to send the Association's constitution, balance sheet for a certain period, statement of bank accounts, details of projects, minutes of the general body meeting and central council meeting, audit reports and 'any other documents' related to the financial matters of the petitioner Association. The petitioner Association through its Advocate sent Ext. P-2 reply challenging the authority of the C.B.I. to call for the documents. On 8-7-2016 in Ext. P-3 notice the C.B.I. informed the Secretary of the petitioner Association that a preliminary enquiry was being conducted into the affairs of the petitioner Association. The C.B.I. again asked him to send the documents already called for and to answer certain questions relating to the affairs of the petitioner Association. The C.B.I. turned down the request of the petitioner Association to furnish a copy of the complaint. Again, the petitioner sent Ext. P-4 letter requesting the C.B.I. to furnish a copy of the complaint. There was no response. Several reliefs have been prayed for in this writ petition. The main relief is that the proceedings in the preliminary enquiry which is being conducted by the third respondent C.B.I. may be quashed.

(2.) Heard Sri Ramesh Chander, learned Senior Counsel appearing for the petitioner Association and Sri K. M. Nataraj, learned Additional Solicitor General of India appearing for the respondents.

(3.) The first submission of the learned Senior Counsel appearing for the petitioner Association is that the C.B.I. has no power even to conduct a preliminary enquiry into the allegations against the petitioner Association since it has no power to conduct an investigation. He has invited my attention to sections 5 and 6 of the Delhi Special Police Establishment Act, 1946, which are quoted below: