In the INX Media case, the CBI had sought to set aside a special judge’s March 5 order that directed the agency to make inspection of documents permissible kept in the “malkhana” by the accused or their counsel. “The petition is dismissed,” said Justice Mukta Gupta.
The investigating agency had opposed the scrutiny of documents on the grounds that the probe in the INX media case, in which the Chidambarams are accused, is still ongoing, and that it may result in evidence tampering.
In its petition before the high court, the CBI had informed that the INX Media case involved high level of depravity with wide ramifications on society, and while the perpetrators have a right to a fair trial, the collective interest of the society could not be impinged. Furthermore, the agency contended that the very essence of trial is to discover the truth for which the court cannot assist the accused in search of a feasible defence.