Supreme Court Clarifies Preliminary Inquiry Norms Under Corruption Act

The Supreme Court provides clarity on the necessity of preliminary inquiries under the Prevention of Corruption Act, stating it is not mandatory in every case. The court set aside a Karnataka High Court ruling that quashed an FIR, emphasizing that a preliminary inquiry is neither a vested right of the accused nor a mandatory requirement.

The Supreme Court has ruled that a preliminary inquiry is not mandatory under the Prevention of Corruption Act for every case filed. The court clarified this stance while overturning a Karnataka High Court decision that quashed an FIR against a public servant accused of corruption-related offences.

Justices Dipankar Datta and Sandeep Mehta emphasized that while inquiries are desirable in certain cases, they are not a prerequisite for registering a criminal case under the PC Act. The court noted that these inquiries serve to determine if received information reveals a cognizable offence, rather than verify the information's accuracy.

The ruling responds to an appeal by the Karnataka government and highlights that the High Court erred by imposing unnecessary procedural barriers, which could incapacitate law enforcement efforts. The court reaffirmed that investigation should be unhindered by unwarranted pre-investigation hurdles.