SUSHIL KUMAR MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) TWO reports one by Joint Director (East)/CBI and the other by S.P/CBI/Ranchi have been filed in sealed cover. Another report in sealed cover has been filed by the Income Tax Department. This order is confined to the reports submitted by the C.B.I.

(2.) WE have had the benefit of hearing the submissions of Mr. V.R. Reddy, Additional Solicitor General, on behalf of CBI for sometime. On account of paucity of time (the Bench had to rise early to mourn the death of an Advocate as per the practice of this Court) he could not complete his submissions. Nor, for the same reason, we could record any order except to orally direct that the cases will be on Board on Monday i.e. today for delivering order which we thought appropriate to pass in view of certain disquieting facts which we came across during course of hearing earlier on the day.

(3.) WE asked Dr. U.N. Biswas, Joint Director (East)/CBI as to how a different kind of report - both in tenor and contents from the one which he had filed earlier on 12.9.96, has been filed this time, as if the CBI has suddenly decided to soft -peddle the investigation. The Joint Director stated that the reports submitted by him is not his report. He stated that pursuant to directives of the Director/CBI, he had sent his report to him for approval. What he has been asked to file is not the report prepared by him but the one prepared by DIG/CBI, Patna Region. He produced, in response to our query, the original reports prepared by him and the DIG as well as other papers. The picture that emerges from perusal of the documents may be summed up as follows.