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Supreme Court of India 2022-05-20 disposed

S.P. VELUMANI vs ARAPPOR IYAKKAM AND ORS

Bench: 3 — N.V. Ramana, Krishna Murari, Hima Kohli

In Brief

A former Tamil Nadu Cabinet Minister challenged the High Court's refusal to disclose a preliminary enquiry report that initially found no criminal offence, after the State reversed its stand and registered an FIR following a change in political dispensation. The Supreme Court held that while Section 207 CrPC ordinarily limits document disclosure, this case was distinguishable because the FIR arose from direct judicial interference in writ proceedings. The Court emphasised that the State cannot repudiate its own affidavit accepting an exonerating report without affording the accused a hearing. The Court directed disclosure of the report and restoration of the writ petition to the High Court for reconsideration, reaffirming that prosecution must comply with fair trial rights under Article 21.

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Criminal Procedure Natural Justice Right to Fair Trial Prosecutorial Conduct High Court Powers Preliminary Enquiry Anti-Corruption Law Constitutional Rights

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