Cuttack: The Orissa High Court has expressed disapproval over the conduct of senior IAS officer Bishnupada Sethi, who has been under CBI scanner over his alleged link with a senior officer of a central PSU arrested in a Rs 10-lakh bribery case in December last year.
The court reprimanded Sethi while dismissing his writ petition, seeking quashing of the ongoing CBI probe. It criticised the petitioners for bypassing ordinary legal remedies—calling it forum shopping and a sign of impatience with due process. “As a senior IAS officer, petitioner 1 (Bishnupada Sethi) is expected to set a high example in upholding the law. The court is constrained to note its disapproval of the petitioner’s attempt to invoke the extraordinary writ jurisdiction in the midst of an investigation, without exhausting the ordinary processes provided under law,” Justice SK Panigrahi noted.
The HC further stated that extraordinary writ powers cannot be misused as a shield against legitimate inquiries, regardless of the petitioners’ positions. “They should have cooperated with the investigation or approached the proper legal forums first. Misuse of this jurisdiction led to a waste of precious judicial time.”
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“There is no showing that the CBI’s investigation is transgressing any legal provision; hence this court must not micro-manage or prematurely halt it. Investigative agencies must be allowed the operational freedom to pursue leads and uncover facts, especially in matters involving serious economic offences and corruption,” Justice Panigrahi further observed.
The court then dismissed Sethi’s petition saying it was devoid of merit. “The petition is dismissed as premature and not maintainable, the investigation being at an ongoing stage. The CBI is at liberty to continue its investigation in accordance with law, without any interference from this court. The reliefs sought by the petitioners to interdict or quash the FIR/investigation are refused.”
It, however, clarified that the judgment does not comment on the merits of the allegations. The decision only pertains to whether the writ petition is maintainable at this stage. Petitioners’ rights to defend themselves and challenge the evidence during trial remain intact, it said.
The agency was also reminded to strictly follow legal procedures and ensure fair treatment of the petitioners. Institutional fairness must accompany anti-corruption efforts, the Friday judgment added.
