CBI need not consult attorney general for prosecuting fodder accused

The Supreme Court clarified that Central Bureau of Investigation Director Joginder Singh need refer only those of the Rs 10 billion Bihar fodder cases where prosecution was to be dropped to the attorney general for his opinion.

The three judge bench comprising Chief Justice J S Verma, Justice S P Bharucha and Justice S C Sen made this clarification while disposing the CBI director's special leave petition.

Singh's petition had challenged a Patna high court notice asking him to show cause why contempt proceedings should not be initiated against him for omitting to seek the attorney general's opinion before he proceeded against one of the three accused.

The court further clarified Singh could commence the prosecution of an accused even if other investigating officials disagreed -- he need not consult the attorney general for this.

A case should be referred to the attorney general only if the director concludes the individual concerned need not be prosecuted. In such a situation, the court said, it was the attorney general who had the final say -- if he opines the individual has to be prosecuted then the CBI must commence proceedings.

In case the attorney general concurs with the director's opinion, the matter was to be reported to the high court monitoring the investigation.

Referring to the contempt notice, the court asked Singh to make his submission before the high court concerned.