SC: Preliminary Probe Not Mandatory in Graft Cases

Conducting a preliminary inquiry before lodging a corruption case is not a mandatory legal requirement, and nor is it compulsory for a first information report (FIR) to be lodged prior to commencing a probe, the Supreme Court has ruled,

- Utkarsh Anand

NEW DELHI: noting that law enforcement agencies must not be restrained by unnecessary administrative hurdles in initiating investigations.

The apex court further emphasized 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.