Press Trust of IndiaNew Delhi
The Supreme Court today rejected plea for a court-monitored SIT probe into bribery allegations against Prime Minister Narendra Modi on the basis of documents seized during the raids in business houses--Sahara and Birla-- on the ground they had no no evidentiary value.
The case based on "random materials" like loose sheets, papers, e-mail print outs is "merit less" as they are "inadmissible materials" having "no evidentiary value under the law" to order registration of FIR and investigation, more so against the high constitutional functionaries, whose names are mentioned in the documents which has been held as prima facie "fabricated" by income tax settlement commission, the court said.
The high-voltage hearing was conducted by a new bench of Justices Arun Mishra and Amitava Roy which said "courts have to be on guard" while dealing with matters demanding probe against high functionaries as the case in hand was devoid of any "cogent" material or "independent evidence corroborating materials" to order investigation.
The new bench was constituted as Prashant Bhushan, lawyer for the Common Cause, had sought recusal of the then Chief Justice of India-designate, Justice J S Khehar, on the ground that his file for elevation for CJI was pending with the executive headed by the Prime Minister.
"There must be some cogent, reliable and admissible evidence". Otherwise the process of law can be abused to achieve ulterior goals," the court observed dismissing the NGO's plea.