The Supreme Court on Friday ruled that the Central Burea of Investigation (CBI) can directly register a case upon receiving credible information, which discloses cognizable offence and it is not mandatory, for the investigating agency, to conduct a preliminary probe before registering the case.
A bench headed by Justice D Y Chandrachud mentioned that since the institution of permanent establishment (PE) is not mandatory under CrPC, therefore for the top court to issue a direction will be stepping on the legislative domain.
Justice Chandrachud stated if the CBI decides not to conduct a preliminary inquiry, the accused can’t demand it as a matter of right. While delivering a judgment, the bench said the high court donned the role of a chartered accountant to absolve the accused of his crime. The Apex court stressed that the CBI can register cases directly upon receiving credible information. It further said that there cannot be a judicial directive to conduct a preliminary enquiry in every case of corruption. The bench, however, added that it will be open to CBI to carry out PE in appropriate cases.
Supreme Court dismissed Subramanian Swamy's petition filed regarding NPA