The Supreme Court of India has clarified that conducting a preliminary inquiry is not mandatory for every case filed under the Prevention of Corruption Act. This decision was emphasized by a bench comprising Justices Dipankar Datta and Sandeep Mehta, who declared that such an inquiry, while often beneficial, is not a necessary precondition for initiating criminal proceedings against public officials accused of corruption.
This ruling came as part of a verdict delivered on February 17, which overturned a March 2024 decision by a state high court. The lower court had previously quashed an FIR filed against a public servant by the Karnataka Lokayukta, citing the absence of a preliminary inquiry. The public servant had been accused of accumulating assets disproportionately greater than his known sources of income.
The Supreme Court’s judgment stressed that the necessity of a preliminary inquiry could vary based on the specifics of each case. The apex court pointed out that if a superior officer possesses a detailed and well-reasoned source information report that prima facie indicates the commission of a cognizable offence, then skipping the preliminary inquiry is justified.
Referring to past decisions, the bench articulated that a preliminary inquiry is not an absolute requirement nor a right of the accused. Instead, it should be seen as a procedural tool that may be employed at the discretion of the investigating authorities, depending on the case’s particular details.
In the case under review, the Supreme Court noted that the superintendent of police had directed the deputy superintendent to register an FIR and initiate an investigation based on a November 2023 report that evidently outlined the necessary components of offences under the Act.
The court criticized the high court’s approach, which it saw as creating unnecessary procedural barriers that could potentially weaken the effectiveness of law enforcement against corruption. The judgment underscored the legislative intent behind the Prevention of Corruption Act, which aims to streamline the process of investigating corruption without undue procedural complexities that could protect corrupt officials.
