New Delhi, Mar 26: Supreme Court on Thursday, Mar 25, refused to order probe into an alleged disproportionate assets case against Sikkim Chief Minister Pawan Kumar Chamling, stating that the apex court cannot direct investigation against politicians facing corruption charges.
Justifying its stand, a three bench judge headed by Chief Justice KG Balakrishnan said that issuing probe would cause 'serious prejudice' to the accused.
"This court cannot sit in judgment over whether investigations should be launched against politicians for alleged acts of corruption," the bench ruled.
"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 apex court asked the petitioner Kungamina Lepcha, an opposition leader in Sikkim, to approach the investigating agencies concerned if he had any issues with the Chief Minister.
"The onus of launching an investigation into such matters is clearly on the investigating agencies such as the state police, Central Bureau of Investigation or the Central Vigilance Commission."
"It is not proper for this court to give directions for initiating such an investigation under its writ jurisdiction," the court said.
The Court said that it was not the appropriate forum to seek probe against any politicians.
"Even if we were to accept the locus standi of the petitioners keeping in mind that allegations of corruption on part of the incumbent chief minister do touch on public interest, this court is not the appropriate forum for seeking the initiation of investigation."