Seizure of cash, documents; SC asks CBI to act as per law

The Supreme Court today asked CBI to "act" in accordance with law on the issue of registration of an FIR into the alleged seizure of unaccounted cash worth Rs 25 crore, a diary and other incriminating documents from Aditya Birla Group's Corporate Office here in 2013.
Dealing with a plea of NGO Common Cause that an FIR was required to be registered without delay, the bench of Justices Madan B Lokur, Kurian Joseph and A K Sikri said it "appears" that CBI has recovered certain documents and the probe agency would be free to take a decision on it.
"We are not commenting on whether these documents are disclosing any offence or not, it is for CBI to take action... We expect CBI to act on all the informations that have been disclosed and to take action in accordance with the law and the provisions of CrPC and the law laid down by this court," the bench said.

The bench also said that since the matter, as per CBI, was not connected with the coal block allocation scam, it does not propose to monitor it.
During the hearing, Prashant Bhushan, appearing for the NGO, cited a constitution bench judgement and said the CBI was under a legal obligation to register an FIR. The recovered documents allegedly indicate payments to politicians and political groups, he claimed.
Bhushan also opposed the CBI's plea that the Enforcement Directorate (ED) was looking into the aspect of seizure of cash and documents saying the ED cannot probe money laundering aspect unless an FIR is lodged by the CBI or other agency.

"An FIR is already registered in the Hindalco matter and that is why the ED was doing the inquiry," senior advocate Amrendra Sharan, appearing for CBI, said.
Bhushan, at the end of the hearing, submitted that the NGO's plea also raises the issue of diversion of coal block, meant for setting up the Ultra Mega Power Project and hence be kept alive till the court-appointed panel gives its report.
"We will await the report of (former CBI special director) M L Sharma," the bench said.