FIRs not reliant on prior probe in graft cases: SC

Conducting a preliminary inquiry before lodging a corruption case is not a mandatory legal requirement, nor is it compulsory for a first information report (FIR) to be lodged prior to commencing a probe, the Supreme Court has ruled, noting that law enforcement agencies must not be restrained by unnecessary administrative hurdles in initiating investigations.

- Utkarsh Anand

NEW DELHI:

The apex court further emphasised that procedural laws should facilitate investigations rather than hinder them, particularly in cases involving serious allegations of corruption.

"The preliminary inquiry is not mandatory in every case under the PC (Prevention of Corruption) Act. If a superior officer is in seisin (possession) of a source information report which is both detailed and well-reasoned and such that any reasonable person would be of the view that it prima facie discloses the commission of a cognisable offence, the preliminary inquiry may be avoided," held a bench of justices Dipankar Datta and Sandeep Mehta.

genuine allegations of a cognizable offence are not stifled arbitrarily," it explained.