Unsubstantiated Judicial Remarks Against CBI Demoralizes Entire Agency: Delhi High Court

The Delhi High Court has observed that unsubstantiated judicial remarks against the Central Bureau of Investigation demoralizes the entire agency, calling it India’s “premier investigating agency.”

“…. the function assigned to investigating agency is very sensitive in nature. It is also pertinent to note that the CBI is the premier investigating agency of this country and any observation or remarks which does not have substantive basis, demoralise the entire agency itself,” Justice Dinesh Kumar Sharma observed.

The court made the observation while expunging the “adverse and disparaging remarks” made by a special judge in 2015 against CBI and its officials while discharging former Telecom Secretary Shyamal Ghosh and three telecom firms in the 2002 additional spectrum allocation case.

While passing the discharge order on October 15, 2015, Special CBI Judge (2G spectrum cases) found the CBI chargesheet to be “full of distorted and fabricated facts” and directed the agency’s then Director to conduct an inquiry against the erring officials and take action against them as per law.

Impugning the order, CBI submitted that the special judge did not give an opportunity of being heard to the agency. The prayer for expunging the judicial remarks was not opposed by the discharged accused.

Observing that no opportunity was given to the CBI officers to defend themselves before the adverse remarks against them were made, Justice Sharma said:

“In any case the order of discharge has not been challenged by the CBI as recorded by the learned Special Judge. However, the remarks which have been pointed out by learned senior special counsel can certainly harm the concerned officials. Any prejudice caused to the person without giving any an opportunity of being defended or extremely substantive in cogent reason cannot be sustained in the eyes of law.”