SUSHIL KUMAR MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) REFERENCE may be made to the order of the Supreme Court dated 5.11.96 in Civil Appeal Nos. 14164 -65 of 1996 [reported in 1996(2) PLJR (SC) 218]. By the said order the Supreme Court has clarified that the jurisdiction of this Bench is not confined to considering the extension petition filed by the C.B.I. and examining their bona -fides, it also extends to monitoring the investigation. That should be sufficient to allay any misgiving in the minds of the persons about the competence of the Bench to pass orders regarding course of investigation.

(2.) IN its aforesaid order the Supreme Court noticed the submissions of the Attorney General to the effect that it is open to the High Court to call for any report or document and the C.B.I. is bound to obey any such direction to enable the High Court to discharge its duty according to the order dated March 19, 1996 [reported in 1996(1) PLJR (SC) 97], and the main grievance of the Attorney General was as to the exclusion of the Director, C.B.I., from the investigation of the case on the ground that it will disturb the functioning of the C.B.I. and its hierarchy, and held : - "Subject to any direction given hereafter by the High Court in this behalf, Dr. U.N. Biswas will continue to participate in the investigation, of which the overall responsibility IS that of the Director, CBI, who will ensure the production of all relevant material before the High Court at every relevant stage. The investigation should be continued in this manner till its completion with the filing of the charge -sheet in the competent Court to enable the trial of the accused persons in accordance with law. The High Court would continue its task in the manner indicated in the earlier order dated March 19, 1996 passed by this Court till the completion of the task with the filing of the charge -sheet in the competent court."

(3.) WE have referred to the afore quotes portions of the Supreme Court order in view of the instructions given by the Director, CBI, vide CBI's report dated 11.11.96, the relevant part of which states, "It was also decided that the progress reports to the Hon'ble High Court, Patna, shall continue to be submitted by the J.D. (East) after getting the same vetted by the H.O./Legal Division and approved by the Director". We wonder whether in terms of the order of the Supreme Court holding the Director duty bound to produce "all relevant materials before the High Court at every relevant stage", it is open to him to edit a part of the report submitted by the Joint Director and/or other officers, and submit a truncated report before the Court : Surely, the High Court is not supposed to' monitor the investigation on the basis of incomplete/truncated reports and, therefore, according to us no part of the report submitted before the Director can be withheld by him from this Court.