The Hindu : New Delhi News : Supreme Court notice to CBI in Moga sex scandal case

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Tuesday, Feb 19, 2008
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Supreme Court notice to CBI in Moga sex scandal case

J. Venkatesan

The case involves Councillors, a journalist and businessmen

High Court had ordered CBI probe into the matter
State Government had challenged the verdict

NEW DELHI: The Supreme Court on Monday issued notice to the Central Bureau of Investigation on an appeal filed by the Punjab Government challenging an order passed by the Punjab and Haryana High Court directing a CBI inquiry into the Moga sex scandal allegedly involving some councillors, a journalist and businessmen for exploiting women, including minors.

Acting on the appeal, the Supreme Court on February 4 had restrained the CBI from filing the report in the Court. When the matter came up for further hearing on Monday, a Bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran said the CBI could proceed with the investigation but should not submit the report to the trial court.

The Punjab Government in its special leave petition had assailed the December 11, 2007, order of the High Court. It said the SLP raised several grounds, including “over-stretching” of suo motu jurisdictional powers by the High Court in ordering the CBI probe when the trial in it had proceeded much ahead.

It said despite lauding the work of the State police special investigating team, working under the supervision of a DIG-rank officer, in cracking the case, the High Court had still ordered the CBI probe merely on the petition of some of the accused.

The SLP reproduced the observations of the High Court judges, which read: “We want to make one thing very clear that the team comprising Ishwar Chaner, DIG, L. K. Yadav, SSP Moga, and Bhupinder Singh, DSP, have done a commendable job in unearthing the scam”.

In such circumstances, the High Court had ordered transfer of the case to the CBI “without there being any material on record to doubt the investigation of the state police,” it said. The SLP has mentioned names of 14 persons who were named as accused on the basis of a statement of a woman arrested by the police. She had alleged that they had sexual relations against her will.

Since sensitive issues of far-reaching consequences are involved, the Supreme Court should lay down guidelines for the future for all High Courts on the use of suo motu powers by judges in the absence of any statutory rules, the SLP said and sought quashing of the impugned judgment.

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