The Supreme Court has directed the Chhattisgarh High Court to reconsider the Central Bureau of Investigation’s (CBI) plea seeking permission to file an appeal against the acquittal of Amit Jogi, son of former Chief Minister Ajit Jogi, in connection with the 2003 murder of National Congress Party leader Ramavatar Jaggi.
A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta allowed the CBI’s appeal challenging a 2011 order of the high court that had dismissed its application for condonation of delay in filing the appeal against Amit Jogi’s acquittal. The agency had filed its plea after a delay of 1,373 days.
The bench noted that while the delay was significant, the gravity of the charges demanded a more pragmatic approach.
“The charges against respondent Amit Jogi were very grave, involving a conspiracy to murder a member of a rival political party. The high court ought to have adopted a more liberal and pragmatic approach,” the bench observed.
The Supreme Court emphasised that it was not endorsing the CBI’s explanation for the delay but ensuring that a case involving serious allegations was not “thrown out on mere technicalities.” It thus condoned the delay and remitted the matter to the high court for fresh consideration.
The case dates back to June 4, 2003, when Ramavatar Jaggi was shot dead during the tenure of Ajit Jogi as Chief Minister. Initially probed by state police, the investigation was later transferred to the CBI, which filed a charge sheet naming 28 accused, including Amit Jogi.
In 2007, a trial court convicted 28 accused but acquitted Amit Jogi. The Chhattisgarh government and the de facto complainant, Jaggi’s son Satish Jaggi, challenged the acquittal before the high court, which rejected their pleas.
While the Supreme Court ordered the high court to reconsider the CBI’s application on its merits, it clarified that it was not expressing any opinion on the substance of the case.
“It shall be open to the high court to examine the merits of the matter… uninfluenced by any observation made in this order,” the court said.
In a departure from usual practice, the top court permitted Amit Jogi to be heard at the stage of considering the CBI’s plea for leave to appeal, citing the “peculiar facts” of the case. It also directed that the state and the de facto complainant be impleaded as parties.
On the question of whether the state could independently file an appeal in a case investigated by the CBI, the Supreme Court reaffirmed its earlier stance from the Lalu Prasad Yadav case that such a right does not exist.
“Having examined the statutory framework, we see no reason to take a different view,” the bench said, though adding that the issue could be examined in a suitable future case.
The court ultimately dismissed the appeals filed by the state and the complainant but allowed the CBI’s appeal, directing the high court to reconsider the matter on merits rather than rejecting it on technical grounds.
