However, the apex court kept the door open for hearing it in the future, saying that instead of a PIL, an appeal against the Jharkhand High Court order could be filed.
"The notification of CBI inquiry was set aside by the Jharkhand High Court. Petitioner cannot file a PIL against the order. Either, the state government should have filed a SLP or you should have," a bench comprising Chief Justice H L Dattu and Justice A K Sikri said.
The activist, in the plea, had sought a direction to CBI to "investigate the manner of distribution of money withdrawn by state police officers in the name of Secret Service Funds till the lowest rank police officer authorised to deal with and make payment to informers, who provide useful information and prosecute the guilty officers under the Prevention of Corruption (PC) Act for misusing their power and authority."
Besides CBI, Union Home Ministry and Jharkhand government, the plea has also made the CAG, the Principal Accountant & Auditor General, DGP and the Additional DGP of the state as parties.
In 2004-05, the budgetary allocation for SSF was Rs 50 lakh only and its was raised to Rs 8.30 crore in financial year 2005-06. On March 10, 2006, the then Additional DGP (special branch) of Jharkhand withdrew Rs 5.6 crore by assuming the role of Withdrawal and Disbursement Officer "without any authorisation in this regard," it claimed.