Supreme Court relies on previous cases

 Though the verdict was viewed as “relief” for Modi, the three-judge bench headed by Justice D K Jain took a conservative view in the matter, deciding not to set any fresh precedent in monitoring of criminal cases.

“We are of the opinion that bearing in mind the scheme of Chapter XII of the Code (of Criminal Procedure), once the investigation has been conducted and completed by the SIT, in terms of the orders passed by this court from time to time, there is no course available in law, save and except to forward the final report under Section 173 (2) of the Code to the Court empowered to take cognizance of the offence alleged.”

“As observed by a three-Judge Bench of this court in ‘MC Mehta (Taj Corridor Scam) Vs Union of India & Ors’, in cases monitored by this court, it is concerned with ensuring proper and honest performance of its duty by the investigating agency and not with the merits of the accusations in investigation, which are to be determined at the trial on the filing of the charge-sheet in the competent Court, according to the ordinary procedure prescribed by law,” the apex court said.

Dealing with the question whether the apex court should continue to monitor the case any further even after filing of the report by the SIT, the court said the legal position has already been clarified that once the chargesheet was filed, the case should be left to the view of the trial court concerned.

The bench also comprising Justices P Sathasivam and Aftab Alam referred to its previous decision in ‘Union of India & Ors Vs Sushil Kumar Modi & Ors 3’ and ‘Vineet Narain & Ors Vs Union of India & Anr.4’.

“Once the Court satisfies itself that a proper investigation has been carried out, it would not venture to take over the functions of the Magistrate or pass any order which would interfere with his judicial functions,” the apex aourt had said in M C Mehta case.

Similar views have been echoed by this court in ‘Narmada Bai Vs State of Gujarat & Ors’, the court said.

“We are of the opinion that in the instant case we have reached a stage where the process of monitoring of the case must come to an end. It would neither be desirable nor advisable to retain further seisin over this case,” the bench said.

The bench disposed of the petition filed by Jakia Ehsan and directed the SIT to submit the probe report in the case relating to the killing of former Congress MP and others in 2002 riots.

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