LEGISLATIVE COUNCIL U.P. LUCKNOW & ORS. versus SUSHIL KUMAR & ORS.

LEGISLATIVE COUNCIL U.P. LUCKNOW & ORS. versus SUSHIL KUMAR & ORS.

The High Court's directions to register a suo motu PIL and to refer the matter for preliminary enquiry by the CBI were set aside because the impugned order rested on unspecified 'doubts', 'assumptions' and 'inexplicable details' without pointing to prima facie material disclosing offences; the prima facie threshold required to direct a CBI investigation was not satisfied and the petitioners had not prayed for such enquiry.

Parties
Appellant: Legislative Council U.P. Lucknow & Ors.; Respondent: Sushil Kumar & Ors.
Jurisdiction
India
Judgment Date
16 October 2025
Procedural Posture
Civil Appeal / Appeal to Supreme Court From Orders of High Court; Appeals Disposed of by This Court
Outcome
Appeals allowed in part; impugned High Court orders set aside and appeals disposed of.
Legal Topics
CBI Inquiry, Article 226, Recruitment, Public Interest Litigation, Judicial Restraint in Directing Investigations
Constitutional Law Administrative Law Criminal Investigation CBI Inquiry Article 226 Recruitment Public Interest Litigation Judicial Restraint in Directing Investigations

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Parties

Legislative Council U.P. Lucknow & Ors.

Appellant

Sushil Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court From Orders of High Court; Appeals Disposed of by This Court

Legal Issues

  1. 1 Whether the High Court was justified in directing registration of a suo motu PIL and ordering a preliminary enquiry by the CBI while entertaining Special Appeal Defective No.485/2023 along with Writ-A No.140/2022
  2. 2 Whether the facts and circumstances warranted a CBI enquiry in accordance with this Court's established guidelines

Ratio Decidendi

The High Court's directions to register a suo motu PIL and to refer the matter for preliminary enquiry by the CBI were set aside because the impugned order rested on unspecified 'doubts', 'assumptions' and 'inexplicable details' without pointing to prima facie material disclosing offences; the prima facie threshold required to direct a CBI investigation was not satisfied and the petitioners had not prayed for such enquiry.

Court Disposition

Appeals allowed in part; impugned High Court orders set aside and appeals disposed of.

Orders

  • Impugned orders dated 18.09.2023 in Special Appeal Defective No. 485 of 2023 and dated 03.10.2023 in Civil Miscellaneous Review Application No. 117 of 2023 are set aside
  • Direction to register the case separately as suo motu PIL is set aside and left to the discretion of the Chief Justice of the High Court to decide in accordance with High Court rules