In a recent development, the Delhi High Court has upheld a trial court order that allowed the owner of Rau’s IAS Coaching Centre to obtain photocopies of his financial documents seized by the Central Bureau of Investigation (CBI). This decision comes in the wake of a tragic incident where three civil services aspirants died after the basement of the institute got flooded during heavy rains in July last year.
The order was passed by Justice Amit Mahajan, who rejected a plea filed by the father of one of the deceased students, challenging the lower court’s ruling. The Court observed that the case is still under active investigation, and providing photocopies of financial records will not obstruct or prejudice the investigation process.
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According to the coaching centre owner, the financial records in question were unrelated to the criminal investigation and were solely personal and business-related documents. His legal team argued that he needed the copies for his ongoing work and financial obligations, and their release would not interfere with the CBI’s probe.
The CBI also clarified its stance, stating that only photocopies of the documents were being provided to the owner and that such action would not impact the ongoing investigation in any adverse manner.
In its ruling, the High Court remarked:
"It is not understood how enabling the owner to get photocopies of certain documents seized from his office would prejudice the prosecution, especially when no such objection is raised by the CBI."
The Court further examined Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which relates to the supply of police reports and other investigation-related documents to the accused. It clarified that the section should not be misinterpreted as a complete restriction on the Court from allowing access to documents that may or may not be part of the investigation.
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"The provision does not put any embargo on the Court to not order supply of documents that are part of the investigation to the accused and such a blanket restriction cannot be read into the intention of the legislature," the bench observed.
However, the Court also pointed out that this does not imply an absolute right to access all seized material before the filing of the police report. Each case must be examined based on its own merits, and only relevant and non-prejudicial documents may be provided.
"It cannot be ignored that not every document seized during investigation is relevant or may be relied upon by the prosecution," the Court noted.
Additionally, the High Court reiterated that Courts are empowered to refuse such requests if the release of certain material could potentially harm or influence the ongoing investigation. But in this particular matter, the financial records sought by the Rau’s IAS Study Circle owner were found to be unrelated to the incident.
“In the present case, however, Respondent No.2 has sought his financial documents from the premises of Rau's IAS Study Circle,” the Court stated while concluding the matter.
Thus, the plea by the deceased student’s father was dismissed, and the lower court’s ruling remained intact, allowing the coaching centre owner limited access to his seized documents for photocopy purposes.
Title: J. DALVIN SURESH v. CENTRAL BUREAU OF INVESTIGATION& ANR.
