The Letter Rogatory to be send by the court of Chief Judicial Magistrate, through the Assistant Director, International Police Co-operation Cell, CBI HQ, New Delhi
It is now well settled by the Supreme Court that under Article 226 of the Constitution, the High Court has the power to direct an investigation by the C.B.I., but the power can be exercised only in cases where there is sufficient material to come to the prima facie conclusion that there is a need of such investigation [See Secretary, Minor Irrigation and Rural Engineering Services, U.P. Vs. Sahngoo Ram Arya, AIR 2002 SC 2225; Sakiri Vasu Vs. State of U.P.(2008) 2 SCC 409]
Criminal Investigation Department (CID) is under the State Government and since high ranking officials are if involved in awarding the contract after taking huge amount of bribe, the Court may take the view that Criminal Investigation Department is not in a position to act independently to bring the investigation to a fair and logical conclusion in accordance with law, and there is a need for an investigation by the Central Bureau of Investigation.
17. Persons authorised to investigate—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,—
(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police;
(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police;
(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank,
shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant:
Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State Government in this behalf by general or special order, he may also investigate any such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest therefor without a warrant:
Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police.
19. Previous sanction necessary for prosecution.—(1) No court shall take cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)]—
(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;
(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby;
(b) no court shall stay the proceedings under this Act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice;
(c) no court shall stay the proceedings under this Act on any other ground and no court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial, appeal or other proceedings.
(4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact whether the objection could and should have been raised at any earlier stage in the proceedings.
Explanation.—For the purposes of this section,—
(a) error includes competency of the authority to grant sanction;
(b) a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement of a similar nature.
ARRANGEMENT OF SECTIONS
1. Short title and extent.
APPOINTMENT OF SPECIAL JUDGES
3. Power to appoint special Judges.
4. Cases triable by special Judges.
5. Procedure and powers of special Judge.
6. Power to try summarily.
OFFENCES AND PENALTIES
7. Public servant taking gratification other than legal remuneration in respect of an official act.
8. Taking gratification, in order, by corrupt or illegal means, to influence public servant.
9. Taking gratification, for exercise of personal influence with public servant.
10. Punishment for abetment by public servant of offences defined in section 8 or 9.
11. Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant.
12. Punishment for abetment of offences defined in section 7 or 11.
13. Criminal misconduct by a public servant.
14. Habitual committing of offence under sections 8, 9 and 12.
15. Punishment for attempt.
16. Matters to be taken into consideration for fixing fine.
INVESTIGATION INTO CASES UNDER THE ACT
17. Persons authorised to investigate.
18. Power to inspect bankers’ books.
SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS
19. Previous sanction necessary for prosecution.
20. Presumption where public servant accepts gratification other than legal remuneration.
21. Accused person to be a competent witness.
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications.
23. Particulars in a charge in relation to an offence under section 13 (1) (c).
24. Statement by bribe giver not to subject him to prosecution.
25. Military, Naval and Air Force or other law not to be affected.
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act.
27. Appeal and revision.
28. Act to be in addition to any other law.
29. Amendment of the Ordinance 38 of 1944.
30. Repeal and saving.