The CBI has been severely criticised by the Supreme Court for withholding the passport of NRI businessman Vipin Khanna, whose name figures in the Barak missile and a few other deals.

On Friday, the Supreme Court ordered the CBI to deposit the passport with the designated trial court within five days to allow the court to deal with it in accordance with law.

Hearing the arguments on a petition filed by Khanna seeking the return of his passport, the Bench headed by Chief Justice K G Balakrishnan sought to know under what authority the CBI had impounded a document like the passport, when the person concerned had been merely named as a suspect.

“Has a statement been made before the designated CBI court naming Khanna as an accused?” the Bench asked Additional Solicitor General Amarendera Saran. It took strong note of the fact that Khanna has been a prime suspect in defence deals and not an accused, leaving no right with the CBI or police authorities to seize his passport.

“If he is an accused a statement has to be placed in this regard before the trial court otherwise he remains a suspect,” the Bench remarked.