Thursday, March 25, 2010

‘SC can’t order probe into scams by netas’

New Delhi: The Supreme Court on Thursday held that it cannot direct probe against politicians facing corruption charges, saying the onus was on investigating agencies.

“This court cannot sit in judgment over whether investigations should be launched against politicians for alleged acts of corruption,” a three-judge bench headed by Chief Justice of India K G Balakrishanan said, refusing to direct CBI probe into the alleged disproportionate assets case against Sikkim chief minister Pawan Kumar Chamling. “If the Supreme Court gives direction for prosecution, it would cause serious prejudice to the accused, as the direction of this Court may have far reaching persuasive effect on the Court
which may ultimately try the accused,” the bench said in a judgement.
The bench directed petitioner Kungamina Lepcha, an opposition leader, to approach the investigating agencies concerned if he has got any such grievance. “The onus of launching an investigation into such matters is clearly on the investigating agencies such as the state police, Central Bureau of Investigation or the Central Vigilance Commission, among others. It is not proper for this court to give directions for initiating such an investigation under its writ jurisdiction,” the court said.
Questioning the motive behind the petition which was filed at the initiative of persons belonging to a political party, the court said that writ petition cannot be used as an instrument of such partisan considerations. “However, even if we were to accept the locus standi of the petitioners keeping in mind that allegations of corruption on part of the incumbent chief minister do touch on public interest, this court is not the appropriate forum for seeking the initiation of investigation,” the bench said. PTI

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