The Supreme Court has held that refusal to furnish content of a complaint, which led to an investigation against a person in a criminal case, will not affect his right to fair trial. A bench of Justices K S Radhakrishnan and A K Sikri said the material which triggered an inquiry against an official but not solely relied upon in concluding the probe could not be supplied to the accused.
The apex court considered the possible repercussion which could be caused by revealing the material by the prosecuting and investigating agency to the accused.
“Situations are many where certain persons do not want to disclose the identity as well as the information/complaint passed on them to the Anti Corruption Bureau. If the names of the people, as well as the copy of the complaint sent by them are disclosed, that may cause embarrassment to them and sometimes threat to their life,” the bench said.
The court dismissed a special leave petition filed by Manjeet Singh Khera who wanted reversal of February order.
“In the instant case the prosecution has relied upon the material which was collected during the investigation. It is not a case where some materials/documents were collected by the investigating agency during the investigations which are in favour of the prosecution and the prosecution is suppressing those documents.
“We are of the opinion that non-supply of the complaint or contents thereof do not, at all, violate the principle of fair trial. The said complaint has no relevancy in the context of this prosecution and in no manner, it would prejudice the petitioner,” the court said.