The Delhi High Court today said the trial court had moved "hastily" in directing the CBI Director to place before it an action taken report against "erring officials" who allegedly did not follow the law in conducting searches in a graft case.
Justice Sudershan Kumar Misra, meanwhile, extended the stay on the trial court's order till February 23, the next date of hearing.
"The case has to proceed according to the law. Special Judge has moved hastily. In both cases, officials concerned must be given opportunity. A departmental enquiry can be suggested and report can be called. They have to be given a chance," the bench said.
The trial court had directed CBI Director Ranjit Sinha to file a report by November 12 after he and CBI's other top officers did not to comply with a October 28 direction to furnish written explanations and file an action taken report against the agency's erring officials.
It had also directed CBI's concerned Superintendent of Police (SP) and Deputy Inspector General (DIG) to file their written submissions, if any, on or before November 12 as to "why the matter be not proceeded against them for non- compliance of directions" issued by the court on October 21 and October 28 orders and also their "willful disobedience."
The trial court's order had come in a case of alleged graft in which CBI had in October filed an FIR against unnamed officials of Research and Analysis Wing (RAW) and a private firm for alleged irregularities in supplying high-altitude tents to an unit of the external intelligence agency.
According to CBI, an FIR in the case has been lodged against Sai Baba Builders and Consultants and its three directors Shyam Sunder Bhatter, J P N Singh and Manjari who is the wife of businessman S P Singh.
CBI has lodged the FIR in the case after it had received a reference from the Prime Minister's Office which wanted a probe in the matter. RAW had carried out an internal probe in the matter in which prima facie irregularities were found.
The report was sent to the PMO which referred it to CBI for further probe. SFF was set up after the 1962 India-China war to carry out specialised operations for RAW.
