#Sahara-Birla Payoffs: Democracy cannot function if investigation ordered without cogent material

The Supreme Court today dismissed the interim application filed by NGO Common Cause seeking SIT investigation into the Sahara-Birla Pay-offs.

A Bench of Justices Arun Mishra and Amitava Roy heard the parties for the whole day before passing a detailed order dismissing the case.

Advocate Prashant Bhushan appeared for the petitioner NGO while Attorney General Mukul Rohatgi represented the Central government.

The Court in its order held that the documents produced by the petitioner NGO is inadmissible in evidence and hence, no investigation can be ordered based on the same.

“There has to be some cogent material which is prima facie reliable …in case we do not insist for the same and order investigation, process of law can be misused and no democracy can function if investigation is set in motion against high Constitutional functionaries without cogent material”, the Court noted.

The Bench hearing the case too had undergone a change. While the case was initially heard by a Bench presided by Justice JS Khehar, the matter was today listed before the Bench presided by Justice Arun Mishra.