M.C.MEHTA versus UNION OF INDIA AND ORS.

M.C.MEHTA versus UNION OF INDIA AND ORS.

The CBI failed to adhere to its statutory duty to form its independent opinion regarding further investigation and prosecution in the Taj Heritage Corridor project. The Director, CBI relying only on the Attorney General’s opinion without difference of opinion among competent officers and filing the Status Report dated 31.12.2004 amounted to a charade of duty. The Court held CBI must place all collected evidence with the report of SP before the competent court/Special Judge under Section 173 CrPC, who would independently decide according to law. Court's observations pertain only to the performance of CBI's statutory duty—not the merits of the criminal accusations investigated.

Parties
Petitioner: M.C. Mehta; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
27 November 2006
Procedural Posture
Writ Petition (civil) / Disposal of Interlocutory Applications
Outcome
Applications disposed of.
Legal Topics
Taj Heritage Corridor, CBI Investigation, Judicial Review of Investigation, Prosecution Under Section 173 Cr PC, Rule of Law and Public Accountability
Environmental Law Criminal Law Constitutional Law Public Interest Litigation Taj Heritage Corridor CBI Investigation Judicial Review of Investigation Prosecution Under Section 173 Cr PC +1 more

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Parties

M.C. Mehta

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Disposal of Interlocutory Applications

Legal Issues

  1. 1 Whether CBI performed its statutory duties in investigating the Taj Heritage Corridor project honestly and properly.
  2. 2 Whether there existed adequate evidence for judicial scrutiny in the matter of alleged criminal misconduct concerning the Taj Heritage Corridor Project.
  3. 3 Whether the Director, CBI could refer the matter for Attorney General's opinion in absence of difference of opinion in CBI hierarchy.

Ratio Decidendi

The CBI failed to adhere to its statutory duty to form its independent opinion regarding further investigation and prosecution in the Taj Heritage Corridor project. The Director, CBI relying only on the Attorney General’s opinion without difference of opinion among competent officers and filing the Status Report dated 31.12.2004 amounted to a charade of duty. The Court held CBI must place all collected evidence with the report of SP before the competent court/Special Judge under Section 173 CrPC, who would independently decide according to law. Court's observations pertain only to the performance of CBI's statutory duty—not the merits of the criminal accusations investigated.

Court Disposition

Applications disposed of.

Orders

  • CBI directed to place all evidence and the report of SP as required under Section 173(2) CrPC before the concerned Court/Special Judge for decision according to law.
  • None of the recommendations/opinions of Attorney General of India or CVC are to be forwarded to the concerned court.