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IN THE HIGH COURT OF KERALA AT ERNAKULAM
V.G.Arun
Shone George – Appellant
Versus
Union Of India, Represented Through Senior Assistant Director, Serious Fraud Investigation Office (Sfio) – Respondent
ORDER :
V.G.Arun, J.
The petitioner in Crl.M.C.No.5765 of 2025 claims to be the whistleblower at whose instance the Central Government assigned the investigation into the affairs of three companies namely Exalogic Solutions Private Limited, Cochin Minerals And Rutile Limited ('CMRL' for short) and Kerala State Industrial Development Corporation Limited, with the Serious Fraud Investigation Office ('SFIO' for short). After investigation, the SFIO filed a complaint (Crl.M.P.No.1537 of 2025) before the Additional Sessions Court-VII (Special Court under the Companies Act), Ernakulam. Later, the petitioner submitted Annexure A5 application before the Special Court, seeking issuance of certified copies of the complaint filed by SFIO along with the accompanying documents. By Annexure A6 order dated 24.04.2025, the Special Judge directed to issue certified copy of the complaint on usual terms, as there is no facility for giving copies of voluminous documents. The petitioner also preferred Annexure A8 application seeking issuance of certified copies of the investigation report filed by the SFIO along with its annexures. By Annexure A9 order dated 29.04.2025, the Special Judge ordered to issue
Strangers to legal proceedings must substantiate their purpose for obtaining certified copies; courts require clarity and reasons for issuing such documents.
The central legal point established in the judgment is that the provision allowing 'any person concerned' to obtain a copy of the investigation report under Section 212(13) of the Companies Act, 2013....
In eye of law, every person has a right to inspect public documents, provided he shows that he is individually interested in them.
Point of Law : Subject Sessions case may invade the privacy and dignity of the victim, though 'no more', this being a case of brutal rape, followed by murder.
A government servant's right to access documents in disciplinary proceedings is limited to perusal or extracts, not copies, as per Rule 15 of the Kerala Civil Services Rules.
Accused cannot obtain copies of statements recorded under Section 164, CrPC, before filing of charge-sheet, despite them being public documents under Section 74 of the Evidence Act.
The property register maintained in a public office like a court of law is a judicial record and should be accessible to the accused for the administration of justice.
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