Court Cannot Break Open The Seal Of "Sealed Cover CBI Reports" In Front Of Parties Without Returning Final Or Prima Facie Contentious Issues: Meghalaya HC

The division bench of the Meghalaya High Court on Thursday observed that the Court cannot break open the seal of sealed cover CBI reports in the presence of parties to the lis without returning "final or at least prima facie finding on the contentious issues".

A division bench comprising of Chief Justice Biswanath Somadder and Justice H.S. Thangkhiew made the observation.

The High Court was dealing with an appeal preferred by Meghalaya Public Service Commission (MPSC) and three other persons challenging an order passed by the single judge of the Court dated 09.12.2020.

The single judge had directed for breaking open the seal of a CBI enquiry report in the presence of the parties.

However, when the appeal came before the High Court, the division bench observed that the direction issued by the single judge to break open the CBI report could only have been done after "returning final or at least prima facie finding on the contentious issues" which was not done in the instant matter.

At the outset, the bench reiterated an earlier order of the division bench of the High Court in W.A. No. 67 of 2016 wherein it was observed that "Obviously, after returning final or at least prima facie finding on the contentious issues, the aspects relating to CBI report may also be examined by the learned Single Judge and appropriate decision thereupon could be taken in accordance with law."

Therefore, in view of this, the High Court observed:

"It is palpably evident that the learned Single Judge has not returned any final or even a prima facie finding on the contentious issues. As such, we are of the view that the directions of the learned Single Judge to break open the seal in the presence of the parties to the lis is not in accordance with the observations made by the Division Bench in WA No.67 of 2016."

Subsequently, the Court set aside the order dated 09.12.2020 as the same could not be sustained in view of the observations discussed above.

Case Name: Meghalaya Public Service Commission & Ors Vs. Millon Ch. Momin & Ors.

Order Dated: 28.01.2021

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