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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Narapati Brahma, S/o. Sri Bikram Brahma – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
(Vijay Bishnoi, C.J.)
Heard Mr. T. Deuri, learned counsel for the petitioners. Also heard Mr. N. Das, learned Junior Government Advocate, Assam, appearing for the respondent Nos.2 & 3.
2. This PIL petition is filed on behalf of the petitioners alleging that from the last 15(fifteen) years, more particularly, from the year 2010, unchecked and rampant corruption took place within the 4(four) districts of Bodoland Territorial Council (in short, ‘BTC’), i.e. Kokrajhar, Udalguri, Baksa and Chirang, by which funds were embezzled in all the Departments, such as Panchayat and Rural Development, Welfare of Plain Tribes and Backward Classes, Sports, Agriculture, Textile and Handloom, Information and Public Relation, Transport, Education, Social Welfare, Fishery, etc. by the Executive Members of the BTC, officials, suppliers, etc., causing great prejudice to the public at large which is substantiated by the report of the Comptroller and Auditor General of India (in short, ‘CAG’) on Social, General and Economic (Non-PSUs) sectors for the year ending 31st March, 2018, and social audit of the MGNREGA in BTC conducted by involving Gram Sabha consisting eminent person and group of persons.
Statutory remedies must be exhausted before seeking judicial intervention in cases of alleged corruption, emphasizing the role of investigative agencies.
Writ courts should not initiate investigations into corruption allegations when statutory remedies are available; petitioners must first approach appropriate authorities.
Once charge sheet is filed, merely because Investigating Agency had no jurisdiction to investigate matter, charge sheet cannot be quashed.
Point of Law : Sub-section (1) of Section (3) of Act makes it clear that appropriate Government is under a statutory obligation to appoint a Commission of Inquiry in a case where a resolution on that....
Judicial interference in investigations is unwarranted without substantial evidence of bias or procedural impropriety, reaffirming the integrity of investigative processes.
Corruption necessitates thorough investigation and transparent governance to combat pervasive bribery and misadministration effectively, supported by adequate enforcement mechanisms.
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