LAWS(PAT)-2001-2-99

SUJIT KUMAR YADAV Vs. UNION OF INDIA

Decided On February 19, 2001
Sujit Kumar Yadav Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(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 Rakesh Kumar, Additional Standing Counsel, made a statement upon instruction that the application is being withdrawn.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.) 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. 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.