COMMON CAUSE (A REGISTERED SOCIETY) AND OTHERS versus UNION OF INDIA AND OTHERS

COMMON CAUSE (A REGISTERED SOCIETY) AND OTHERS versus UNION OF INDIA AND OTHERS

Loose sheets, random papers, and electronic data not maintained in regular course of business are not admissible as evidence under Section 34 of Evidence Act and fail to provide reliable foundation for directing investigation; thus, it is not legally justified, safe, or proper to order SIT or investigation based on such materials.

Parties
Petitioners: Common Cause (A Registered Society) and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
11 January 2017
Procedural Posture
Writ Petition (civil) / Interlocutory Application Disposition
Outcome
Applications dismissed
Legal Topics
Investigation, Admissibility of Evidence, Appointment of Constitutional Functionaries
Constitutional Law Criminal Law Evidence Law Investigation Admissibility of Evidence Appointment of Constitutional Functionaries

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Parties

Common Cause (A Registered Society) and Others

Petitioners

Union of India and Others

Respondents

Procedural Posture

Writ Petition (civil) / Interlocutory Application Disposition

Legal Issues

  1. 1 Whether materials seized during raids (loose sheets, electronic data) are sufficient to direct investigation against named functionaries/officers.
  2. 2 Whether constitution of SIT and monitored investigation is warranted based on materials presented.

Ratio Decidendi

Loose sheets, random papers, and electronic data not maintained in regular course of business are not admissible as evidence under Section 34 of Evidence Act and fail to provide reliable foundation for directing investigation; thus, it is not legally justified, safe, or proper to order SIT or investigation based on such materials.

Court Disposition

Applications dismissed

Orders

  • Interlocutory Application Nos. 3 and 4 of 2017 are dismissed.