# collected during the course of investigation under this

- **Citation:** C.L. No. 15/Vlllb-287
- **Court:** Allahabad High Court
- **Decided:** 1996-03-16
- **Case number:** C.L. No. 15/Vlllb-287
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/collected-during-the-course-of-investigation-under-this-163654
- **Pages:** 3

## Text

393
collected during the course of investigation under this
Chapter.
166-B.(1) Upon receipt of a letter of request from a Court
or an authority in a country or place outside India competent to
issue such letter in that country or place for the examination of
any person or production of any document or thing in relation
to an offence under investigation in that country or place, the
Central Government may, if it thinks fit-
(i) forward the same to the Chief Metropolitan Magistrate
or Chief Judicial Magistrate or such Metropolitan Magistrate or
Judicial Magistrate as he may appoint in this behalf, who shall
thereupon summon the person before him and record his
statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation,
who shall thereupon investigate into the offence in the same
manner, as if the offence had been committed within India.
outside India to a
Court or an authority
for
investigation
in
India.

(2)
All the evidence taken or collected under sub-section (1) or authenticated copies
thereof or the thing so collected, shall be forwarded by the Magistrate or Police Officer,
as the case may be to the Central Government for transmission to the Court or the
authority issuing the letter of request in such manner as the Central Government may
deem fit."
Repeal
and
Saving
3 (1) The Code of Criminal Procedure (Amendment) Ordinance, 1990 is
hereby repealed.
 (2) Notwithstanding such repeal, anything done or any action taken under
the Code of Criminal Procedure, as amended by the said Ordinance, shall
be deemed to have been done or taken under the Code of Criminal
Procedure, as amended by this Act.
Ord. 1 of
1990
(ii)
Compliance of the direction or Hon'ble the Supreme Court issued in Writ
Petition No. 340-343 of 1993 Vineet Narain and others vs. Union of India
C.L. No. 15/Vlllb-287 dated March 16, 1996
While enclosing a copy of the order passed, in the aforesaid Writ Petition, I am
directed to communicate you and all the Judicial Officers posted in the Judgeships that
the direction containing in the order of Hon'ble the Supreme Court, be complied with.

I am therefore to direct you that the direction of Hon'ble the Supreme Court be
brought to the knowledge of the officers posted in the Judgeship for strict compliance.
WRIT PETITION (CRL.) Nos. 340-343 OF 1993
Vineet Narain v. Union of India, 1996 (2) SCC 199: 1996 A Cr R 216 (SC)
J.S. Verma,
S.P.Bharucha
S.C. Sen, J.J.

 Reported in (1996)2 SCC 199: 1996 A Cr R 216 (SC): 1996 A W C 465 (SC)
394
ORDER
The true scope of this writ petition has been indicated during the earlier hearings.
At this stage, when some charge sheets have been filed in the special court and there is
considerable publicity in the media regarding this matter, with some speculation about its
true scope, it is appropriate to make this order to form a part of the record.
The gist of the allegations in the writ petition are that Government agencies, like
the CBI and the revenue authorities, have failed to perform their duties and legal
obligations inasmuch as they have failed to properly investigate matters arising out of the
seizure of the so called "Jain Diaries" in certain raids conducted by the CBI. It is alleged
that the apprehending of certain terrorists led to the discovery of financial support to
them by clandestine and illegal means, by use of tainted funds obtained through 'hawala'
transactions; that this also disclosed a nexus between several important politicians,
bureaucrats and criminals, who are all recipients of money from unlawful sources given
for unlawful considerations; that the CBI and other Government agencies have failed to
fully investigate into the matter and take it to the logical and point of the trail and to
prosecute all persons who have committed any crime; that this is being done with a view
to protect the persons involved, who are very influential and powerful in the present set
up; that the matter discloses a definite nexus between crime and corruption in public life
at high places in the country which poses a serious threat to the integrity, security and
economy of the nation; that probity in public life, to prevent erosion of the rule of law
and the preservation of democracy in the country, requires that the Government agencies
be compelled to duly perform their legal obligations and to proceed in accordance with
law against each and every person involved, irrespective of the height at which he is
placed in the power set up.

The facts and circumstances of the present case do indicate that it is of utmost
public importance that this matter is examined thoroughly by this Court to ensure that all
Government agencies, entrusted with the duty to discharge their functions and
obligations in accordance with law, do so, bearing in mind constantly the concept of
equality enshrined in the Constitution and the basic tenet of rule of law: "Be you ever so
high, the law is above you". Investigation into every accusation made against each and
every person on a reasonable basis, irrespective of the position and status of that person,
must be conducted and completed expeditiously. This is imperative to retain public
confidence in the impartial working of the Government agencies.

In this proceeding, we are not concerned with the merits of the accusations or the
individuals alleged to be involved, but only with the performance of the legal duty by the
Government agencies to fairly, properly and fully investigate into every such accusation
against every person, and to take the logical final action in accordance with law.

In case of persons against whom a prima facie case is made out and a charge
sheet is filed in the competent court, it is that court which will then deal with that case on
merits, in accordance with law.
However, if in respect of any such person the final report after full investigation
is that no prima facie case is made out to proceed further, so that the case must be closed
against him, that report must be promptly submitted to this Court for its satisfaction that
the concerned authorities have not failed to perform their legal obligations and have
395
reasonably come to such conclusion. No such report having been submitted by the CBI
or any other agency till now in this Court, action on such a report by this Court would be
considered, if and when that occasion arises. We also direct that no settlement should be
arrived at nor any offence compounded by any authority without prior leave of this
Court.

We may add that on account of the great public interest involved in this matter,
the CBI and other Government agencies must expedite their action to complete the task
and prevent pendency of this matter beyond the period necessary. It is needless to
observe that the results achieved so far do not match the available time and opportunity
for a full investigation ever since the matter came to light. It is of utmost national
significance that no further time is lost in completion of the task.
(iii)
Implementation or directions of Hon'ble Supreme Court dated 29.8.1990 in
Criminal Appeal No.386 of 1978 Kishore Chandra v. State of Himachal
Pradesh
C.L. No. 23/IXf-69/Admn. (G) dated April 2, 1992
I am directed to send herewith a copy of the Government letter No. D 372/VIINyaya-3-1899/90, dated January 31, 1992 containing an extract of the Hon'ble Supreme
Court's judgment, dated August 29, 1990, on the above noted subject and to request you
kindly to circulate a copy of this letter with enclosures to all the Judicial Officers under
your supervision, the Bar Associations at Headquarters and at Tehsil levels, for their
information and necessary action.
In this case, the Hon'ble Supreme Court has made the following observations:-
Before parting with the case, it is necessary to state that from the facts and
circumstances of this case it would appear that the investigating officer has taken the
appellant, a peon, the driver and the cleaner for ride and trampled upon their fundamental
personal liberty and lugged them in the capital offence punishable under Section 302,
I.P.C. by freely fabricating evidence against the innocent. Undoubtedly, heinous crimes
are committed under great secrecy and that investigation of a crime is a difficult and
tedious task. At the same time, the liberty of a citizen is a precious one guaranteed by
Art. 3 of Universal Declaration of Human Rights and also Art. 21 of the Constitution of
India and its deprivation shall be only in accordance with law. The accused has the
fundamental right to defend himself under Art. 10 of Universal Declaration of Human
Rights. The right to defence includes right to effective and meaningful defence at the
trial. The poor accused cannot defend effectively and adequately. Assigning an
experienced defence counsel to an indigent accused is a facet of fair procedure and an
inbuilt right to liberty and life envisaged under Arts. 14, 19 and 21 of the Constitution.
Weaker the person accused of an offence, greater the caution and higher the
responsibility of the law enforcement agencies. Before accusing an innocent person of
the commission of a grave crime like the one punishable under Section 302, I.P.C., an
honest, sincere and dispassionate investigation has to be made and to feel sure that the

 For perusal of Judgment see Kishore Chandra v. State of Himachal Pradesh (1991) 1 SCC 286:1991 SCC
(Cri) 172 : AIR 1990 SC 2140: 1990 Cr.L.J.2289 (SC).