JM THANGKHIEW Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Towards the order dated 16.10.2015 and 12.11.2015, the Central Bureau of Investigation has submitted the final Enquiry Report in CBI Case No.PE4(A)/2015-SHG (PSEHG2015A0004). In the findings recorded after holding a detailed preliminary enquiry, the CBI has found inculpatory materials against the following persons namely:

(2.) Moreover, the case seems to be essentially based on documentary evidence which is also extensively referred to in the judgment dated 28.9.2015 passed by the Division Bench. Besides, the CBI has already scanned through the relevant materials before pinpointing the aforesaid names, therefore, now the area of investigation appears to be well defined.

(3.) It also appears that, against the judgment and order dated 28.9.2015 directing preliminary enquiry by the CBI in PIL No.1 of 2014 passed by this Court, the MUDA has filed an Special Leave Petition being No.29379/2015, wherein the Hon'ble Supreme Court, while issuing notice has declined to grant stay. Now the decks are clear for the CBI to prosecute the aforesaid persons. However, I would like to make it clear that, since the CBI has already undertaken a detailed preliminary enquiry and submitted a final preliminary report pinpointing the persons involved in the shoddy affairs, it would be open for them to register a case and start investigation against such persons but certainly not against any other person who is not directly connected with the grant of permission to raise the illegal constructions or is not a direct beneficiary of such permission.