Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
Live LawThe Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation which upon a challenge taken before this High Court, was modified to "further investigation". The petition avers that the aforesaid observations were relied upon with complete authority by the Supreme Court again in Cal Vs. Ashok Kumar Aggarwal - 14 sec 295 - wherein express guidelines were indicated as regards grant of sanction and one of them being, "the authority itself has to do complete and conscious scrutiny of the whole record so produced by the prosecution independently appl ying its mind and taking into consideration all the relevant facts before grant of sanction while discharging its duty to give or withhold the sanction". Trial Court clearly impede, impinge and transgress into the independent zone and domain of the sanctioning authority and the said directions indisputably interfere and cause undue influence, in the mind and conscience of the sanctioning authority, which authority undeniably would therefore, infer that trial court wants it to grant the sanction in the factual narrative of the case", it is argued.