Small lapses don't weaken case, SC says in graft case

CHENNAI: Small lapses during police investigation do not weaken a whole case, the Supreme Court has held, refusing to quash a corruption case against an income tax officer merely because it was probed an officer at the level of sub-inspector.
Though CBI had taken prior permission of a jurisdictional court to replace an inspector with a sub-inspector to probe the alleged graft, the Madras high court had quashed the case.
On an appeal by the Centre, an apex court bench comprising Justice M Y Eqbal and Justice Shiva Kirti Singh set aside the high court ruling, saying: "It is well settled that invalidity of investigation does not vitiate the result unless a miscarriage of justice has been caused."
The anti-corruption wing of CBI in Chennai had registered a case against T Nathamuni, inspector of income tax, Rajapalayam, in 2009. He was caught red-handed while accepting bribe.
Initially the case was being investigated by an inspector. Because of administrative reasons, the superintendent of police filed an application before the special judge for CBI cases in Madurai to entrust the case to a sub-inspector. The court allowed the SI to investigate the case. The chargesheet was filed and the trial commenced.
During the proceedings, Nathamuni moved the Madras high court stating, "Sanction for trial was not accorded by proper authorities." He also requested that the special court's order be quashed. Noting that the Prevention of Corruption Act, 1988, mandates that the government authorise an officer not below the rank of inspector to investigate corruption cases, the high court set aside the special court's order.
Reversing the high court order, the Supreme Court bench said, "The high court erred in interfering with such investigation; more so when it was already completed." It also pointed out that Nathamuni had not made out a case that because of investigation conducted by the SI, serious prejudice and miscarriage of justice has been caused to him." It asked the special court to resume the trial and complete it expeditiously.