New Delhi: Refusing to order an investigation against Sikkim Chief Minister Pawan Kumar Chamling in an alleged disproportionate assets case, the Supreme Court on Thursday said it cannot direct probe against politicians facing corruption charges.
A three-judge bench led by Chief Justice KG Balakrishnan said that if the court directs for prosecution it 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."
Petitioner Kungamina Lepcha, an opposition leader in Sikkim, was asked to approach the investigating agencies concerned in case he had any such grievance against 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 also questioned the motive behind the petition filed by the opposition party.
"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."
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