23 April 2024 Corruption >> Criminal Law   |   FIR >> Criminal Law  

The Supreme Court of India has revived a corruption case against a police inspector, Jairaj, overturning a Karnataka High Court decision that quashed the FIR (First Information Report) filed against him.

The case involves allegations that Jairaj demanded a bribe from a complainant during the investigation of a separate sexual harassment case. The High Court had ruled there was no direct evidence against Jairaj and the complaint seemed like an act of revenge.

However, the Supreme Court disagreed. They found the High Court's reasoning flawed because it made judgments about the case before a proper investigation could be conducted. The Court emphasized that the absence of direct evidence at this stage shouldn't be a reason to dismiss the FIR.

The judgement highlights that while Jairaj was exonerated in departmental proceedings, a competent authority had already sanctioned his prosecution. The Court also criticized the High Court for neglecting the argument presented by the Lokayukta (anti-corruption ombudsman) that the criminal case might rely on different evidence compared to the departmental inquiry.

As a result of the Supreme Court's decision, the FIR against Jairaj is reinstated, allowing the investigation to proceed. All questions related to facts, legalities, and other arguments will be addressed in future hearings at the appropriate forum.

Prevention of Corruption Act, 1988