The Madras High Court directed the Tamil Nadu Directorate of Vigilance and Anti-Corruption to register a First Information Report against Tamil Nadu Minister KN Nehru and proceed with a criminal investigation based on materials supplied by the Enforcement Directorate. The Division Bench comprising the Chief Justice and Justice D. Bharatha Chakravarthy held that the information furnished by the Enforcement Directorate disclosed prima facie cognisable offences and that the vigilance agency was duty-bound to register a case instead of continuing with a prolonged preliminary enquiry.
The matter arose from writ petitions filed seeking a direction to the State authorities to act upon the source information and materials forwarded by the Enforcement Directorate. The Enforcement Directorate had reportedly communicated detailed information to the State police authorities alleging large-scale irregularities and corruption in connection with appointments in the Municipal Administration and Water Supply Department. The materials included extensive documentation which, according to the petitioners, clearly revealed the commission of cognisable offences warranting immediate registration of a criminal case.
During the proceedings, the State and the Directorate of Vigilance and Anti-Corruption submitted that a preliminary enquiry had been initiated in accordance with the Vigilance Manual. They contended that the agency was examining the materials and that further action would follow based on the outcome of the preliminary process. The petitioners, however, argued that the Enforcement Directorate’s communication was not a vague or unsubstantiated complaint but was supported by voluminous and detailed records. They maintained that once such material disclosing cognisable offences had been received, the law required registration of an FIR without delay and that the continuation of a preliminary enquiry in such circumstances was unwarranted.
The High Court examined the materials placed before it and observed that the information supplied by the Enforcement Directorate contained specific allegations and supporting documentation that prima facie indicated the commission of offences relating to bribery and irregularities in public appointments. The court noted that the allegations pertained to the collection of bribes in connection with a large number of appointments within the concerned department. It found that the scale and nature of the alleged irregularities, as reflected in the materials, necessitated a formal criminal investigation.
The Bench held that when information disclosing cognisable offences is received by the police or a competent investigating agency, registration of an FIR is mandatory. It observed that the communication from the Enforcement Directorate could not be treated merely as a source requiring extended verification when it was supported by detailed records pointing towards criminality. The court stated that a preliminary enquiry cannot be used to indefinitely defer the registration of a case where the materials already disclose a prima facie offence.
The High Court further observed that the Directorate of Vigilance and Anti-Corruption had no justification for refraining from registering a case in the face of such detailed information. It emphasized that investigative agencies are under a statutory obligation to act upon information revealing cognisable offences and that delay in registering a case undermines the proper administration of criminal justice.
Accordingly, the court directed the Directorate of Vigilance and Anti-Corruption to register an FIR based on the materials supplied by the Enforcement Directorate and to proceed with the investigation in accordance with law. The petitions were disposed of with this direction, effectively requiring the vigilance agency to initiate a formal criminal case and carry forward a detailed probe into the allegations concerning corruption and irregularities in public appointments involving the State Minister.
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