NCP leader's murder: SC asks HC to consider afresh CBI's plea over Amit Jogi's acquittal

New Delhi, Nov 6 (PTI) The Supreme Court on Thursday asked the Chhattisgarh High Court to consider afresh the CBI's plea seeking permission to file appeal against the acquittal of Amit Jogi, the son of former Chhattisgarh Chief Minister Ajit Jogi, in a 2003 case linked to National Congress Party leader Ramavatar Jaggi.

Jaggi was murdered on June 4, 2003, when Ajit Jogi was the chief minister of Chhattisgarh.

A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta allowed the Central Bureau of Investigation's (CBI) appeal against the high court's 2011 order, which dismissed its application seeking condonation of delay in filing the appeal against Amit Jogi's acquittal.

The bench said that though the CBI had filed the application after a significant delay of 1,373 days, it was equally true that "the charges against respondent Amit Jogi were very grave, involving a conspiracy to murder a member of a rival political party".

It said the high court ought to have adopted a "more liberal and pragmatic approach" in dealing with CBI's application and should have examined the plea on merits.

"We add that we are not giving any imprimatur to the explanation offered by the CBI in its application for condonation of delay. Our objective is to ensure that the case involving such grave allegations should not be thrown out on mere technicalities," the bench said.

The case, which was initially investigated by the state police, was later transferred to the CBI, which filed a charge sheet against several accused, including Amit Jogi.

On May 31, 2007, a trial court held that the prosecution has successfully proved the charges against 28 accused. It, however, acquitted Amit Jogi of the charges levelled against him.

The Chhattisgarh government moved the high court against the trial court's verdict but its plea seeking leave to appeal against the judgment was rejected.

The high court had also rejected the application filed by Satish Jaggi, the de facto complainant and son of Ramavatar Jaggi.

Dealing with the CBI's appeal, the Supreme Court noted that the judgment of acquittal was under challenge at the instance of the state and the de-facto-complainant and the proceedings were still alive.

The bench made clear that it was not commenting on the merits of the case. "It shall be open to the high court to examine the merits of the matter while considering the CBI's prayer for grant of leave to appeal, uninfluenced by any observation made in this order," it said.

"The delay in filing the application for grant of leave to appeal by the CBI against the judgment and order of acquittal of the respondent Amit Jogi is hereby condoned," the top court said.

It said the matter is remitted to the high court for fresh consideration.

The bench said although, at the stage of grant of leave to appeal, the acquitted accused is ordinarily not required to be heard.

"... however, in the peculiar facts of the present case... we consider it expedient, in the interest of justice, to permit the respondent Amit Jogi (acquitted accused) an opportunity of hearing in the application seeking leave to appeal," the bench said.

It said the de facto complainant and the state shall also be impleaded as parties in the CBI's application and would be entitled to advance their submissions before the high court.

The bench delivered its verdict on the separate appeals filed by the CBI, the state and the de facto complainant.

It also dealt with the submission regarding the state's right to file an appeal in a case investigated by the CBI.

The state referred to the apex court's earlier verdict in a case against former Bihar Chief Minister Lalu Prasad Yadav. In that judgment, the top court had said that state or other prosecuting agencies had no right of appeal in a matter investigated by the CBI. "Having examined the statutory framework and after mulling over the arguments advanced at bar, we see no reason to take a different view," the bench said.

The top court said the question as to whether the state can independently file an appeal against acquittal in a case, which was initially registered by the local police and later tried on the charge sheet filed by CBI, may be examined in a suitable case.

"However, in the present case, we feel that ends of justice will be served by condoning the delay in filing application seeking leave to appeal by the CBI and requiring the high court to consider the said application filed by the CBI, on its own merits," it said.

The bench said this would ensure that the high court would examine challenge to the judgment of acquittal on merits instead of a "technical rejection".

It dismissed the appeals filed by the state and the de facto complainant. PTI ABA ABA RUK RUK