SIKKIM: SC rejects Chamling asset probe – Petitioner told to directly approach CBI with proof


FROM THE TELEGRAPH

BY SAMANWAYA ROUTRAY


New Delhi, March 25: The Supreme Court today said it was up to police and the executive to decide whether to file a corruption case against a politician and that the court cannot take a call on this score, dismissing a plea for a CBI probe into assets owned by the Sikkim chief minister and alleged to be disproportionate to his known sources of income.

“This court cannot sit in judgment over whether investigations should be launched against politicians for alleged acts of corruption,” a three-judge bench, headed by Chief Justice K.G. Balakrishnan, said, dismissing a plea by a dissident Sikkim Democratic Front leader, Kunga Nima Lepcha, and three others.

They had sought a court direction for a CBI probe into the assets chief minister Pawan Chamling allegedly amassed during his previous stint as the chief minister and consequent legal action in the form of an FIR under the Prevention of Corruption Act. Chamling is the leader of the ruling SDF in the state.

“The Supreme Court functions as a constitutional court as well as the highest appellate court in the country. If the Supreme Court gives direction for prosecution, it would cause serious prejudice to the accused, as the direction of this court may have far-reaching persuasive effect on the court which may ultimately try the accused,” the bench said.

“It is always open to the petitioners to approach the investigative agencies directly with the incriminating material and it is for the investigative agencies to decide on the further course of action.”

The bench also lamented the trend of political rivals filing motivated petitions in the court to settle scores. “Four individuals belonging to a political party raises the apprehension that they were motivated by a sense of political rivalry rather than a public-spirited concern about the misuse of office by the incumbent chief minister.”

The court’s extraordinary powers to interfere were only meant to be exercised in circumstances in which fundamental rights of citizens were violated, the bench said.

The four petitioners also levelled similar charges against 21 other members of Chamling’s family. They said the family had declared assets worth Rs 4,76,54,238 prior to the Assembly polls in 2004. However, the family’s assets stood at over Rs 25 crore, the petitioners alleged.

The PTI reports that Chamling, while reacting to the order, said in Gangtok: “Now that the bogey of corruption charges has been finally removed, I will dedicate myself to the service of state without fear. Since the filing of case in 2006, I was unable to fully concentrate on governance fearing that the rivals might drag me to court about every decision on financial matters.”