Justice K.M. Joseph on Friday asked the government why there was still no FIR registered on a corruption complaint made to the CBI in October last year in connection with the 36 Rafale jets deal.
“Question here is whether you are obliged under the law to register an FIR when a complaint is made,” Justice Joseph asked Attorney-General K.K. Venugopal. The queries came during a two-hour hearing at the end of which the Bench, led by Chief Justice of India Ranjan Gogoi, reserved the Rafale review petitions for judgment.
The complaint was made in October under various provisions of the Prevention of Corruption Act. Justice Joseph referred to a Constitution Bench judgment in the Lalithakumari case, which held that the police or a statutory authority like the CBI was duty-bound to file an FIR and investigate a complaint. If later no prima facie case was made out, the probe could be closed and a copy of the report given to the complainant.
However, the complaint filed by review petitioners with 70-odd pages of documents, is yet to be acted upon.
Inputs from The Hindu