No meddling in HSD probe: HC

The Gujarat High Court today directed that the officer investigating into the multi-crore high-speed diesels (HSD) scans will not be restrained by any agency. The Central Bureau of Investigation (CBI) superintendent of police (Gujarat) Rajneesh Rai is investigating into the fraud, which points finger to involvement of shady businessmen, officers of four major oil companies and sales tax department. The court also made observation that it seemed that the investigating officer was not being given a free hand in the probe.

The direction was issued by a division bench comprising of Justice B.C.Patel and Justice P.B. Majmudar in a public interest litigation (PIL) filed by one Saurin R. Shah, alleging that the CBI had arrested only two persons so far though it has found involvement of many more. The petitioner has alleged that the CBI is not arresting all those people found to have been involved in the racket for 'extraneous reasons'. Seeking the court's direction to arrest all those involved, the petitioner has also sought direction to CBI to produce a list of such persons.

When the case came for hearing today, advocate Bharat Nayak, counsel for the petitioner, sought to know why officers of the Indian Oil Corporation Ltd (IOCL) had not been arrested so far though they are found to have been involved in the scam. At this, CBI counsel M.R.Shah submitted to the court that others were not arrested as the investigating officer had so far not received sanction from CBI joint director, Mumbai . However, Shah maintained that though many persons were issued notices by CBI to appear before the investigating officers, they had not replied to the notices. Of the 105 people who were issued notices, only 43 reported to CBI, submitted Shah.

At this Nayak submitted to the court, "It appears that hands of the investigating agency are tied by some forces." There was sufficient material to arrest others found involved in the scam, Nayak submitted. He also submitted that if such persons were not arrested promptly, there was a possibility that they would destroy evidence.

At this, the CBI counsel submitted to the court that the sales-tax department, Gujarat, was not providing necessary information sought by the CBI. On this, the court directed the sales-tax department to give all necessary assistance to the investigating agency. The CBI counsel also submitted that even IOCL was not providing information sought by the CBI. The counsel for the petitioner at this juncture argued that the scam could not have taken place without collusion of IOCL and sales tax officers.

In the order, the court observed that it was not able to understand the attitude of the investigating agency as to why culprits were not being dealt with in accordance with Criminal Procedure Code (CrPc). The scam had dealt a heavy financial blow to the State exchequer; however, the offenders had become rich, the court noted. Referring to CBI reports, the court observed that an estimated Rs 150 crore was involved in the scam.

The court also noted that provisions of CrPc empower the investigating officer to search a premises if there was a reasonable ground to do so. Also the investigating officer can arrest a person if cognizable offence appeared to have taken place, the court noted.

Taking serious view of the fact that some of the persons were not cooperating with the CBI, the court observed that the investigating officer can arrest such persons using his discretion of the investigating agency cannot be controlled by any other agency, the court observed. The court directed that the investigating officer would report to the court in two weeks.

Republished from Indian Express