Delhi High Court Stays Trial Court Proceedings In INX Media Case

The Delhi High Court on Tuesday stayed the trial court proceedings in the INX Media case in CBI's plea seeking setting aside of order passed by the trial court directing CBI to supply copies documents collected or statements recorded by the investigating agency during the course of investigation to the accused persons.

A single judge bench comprising of Justice Suresh Kumar Kait stayed the proceedings before the trial court. Advocate Anupam S Sharma (SPP CBI) along with Advocate Prakarsh Airan appeared on behalf of CBI in the matter.

Challenging the order passed by Special CBI Judge, MK Nagpal dated 5 March, the CBI had moved the Delhi High Court stating that the Special Judge had exceeded its jurisdiction in issuing directions to CBI to file or produce before the Court all the documents collected by it during the course of investigation and to observe that the accused persons are also entitled to copies of such documents irrespective of the fact that whether they are being relied upon by the CBI or not.

"There is neither any provision in Cr.P.C. which casts a duty upon the Investigating Agency to forward to court documents on which it does not rely upon nor is there any provision in Cr.P.C. which empowers the Magistrate to allow the accused to inspect the documents which are neither filed in court nor relied upon by the prosecution and that too at the pre-trial stage." The plea states.

In view of this, the petition also submits that the right of the accused with regards to the disclosureof documents is a "limited right as codified and is the very foundation of a fair investigation and trial". 

"That a reading of Sections 173(5)(a) and Section 207(v) Cr.P.C. indicates that there is very little discretion with the Court to substitute its opinion as to what the prosecution should be relying upon for proving its case. Where the prosecution categorically states in the charge-sheet that it is relying on only certain documents and not others, it is not possible for the Court to overlook that and insist that the prosecution should also rely upon some other document that it has gathered and therefore should provide the accused with a copy thereof." The plea reads further.

The petition seeks the following prayers:

- Set aside the impugned order dated 05.03.2021 passed by Sh. M. K. Nagpal, Ld. Special Judge (PC Act), CBI-09(MP/MLAs cases) Rouse Avenue District Court, New Delhiin CC No. CBI/417/2019 arising out of RC No. 220-2017E0011 to the extent it directed CBI to allow inspection of documents kept in Malkhana by the respondents/ accused/ their counsels.

- Set aside the observations in the impugned order, inter alia,that the Petitioner-CBI is required to file or produce beforethe Court all the documents collected by Petitioner-CBI during the course of investigation of the case and that the accused are also entitled to copies of such documents or inspections thereof, irrespective of the fact that whether they are being relied upon by the Petitioner-CBI or not.