Jafri case naming Modi: SC won’t monitor, sends it to trial court

"We are of the opinion that in the instant case we have reached a stage where the process of monitoring of the case must come to an end. It would neither be desirable nor advisable to retain further this case," the court said, disposing Jakia's application.

The bench recalled that on April 27, 2009, it entrusted the Special Investigation Team (SIT) to "look into" Jakia's allegations, and as the SIT has already completed its probe, there is "no course available in law" except order the final report to be forwarded to the lower court concerned.

"In cases monitored by this court, it is concerned with ensuring proper and honest performance of its duty by the investigating agency and not with the merits of the accusations in investigation, which are to be determined at the trial on the filing of the charge-sheet in the competent court, according to the ordinary procedure prescribed by law," the Supreme Court reasons, taking a leaf from the Taj Corridor scam case.

As per the order, the SIT will now file before the magistrate a report, which can be in the form of a chargesheet holding all or some of the accused prima facie guilty of certain offences, or otherwise, a report recommending closure of the case for lack of evidence.

Interestingly, the court has left it to the SIT's discretion to call for a separate report filed by the Supreme Court's own amicus curiae and senior advocate Raju Ramachandran on the SC's own orders. This review report allegedly differs with the SIT's findings on the accused persons.

Ramachandran's report is based on an independent analysis of the SIT's findings. He had been given blanket authority to question any witness or police officer in connection with the case investigation. Instead of insisting that the SIT place the amicus's review report before the magistrate, the bench suggested that it "will be open" to the SIT to place on record the document on record for the magistrate's eyes.

... contd.

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