
NEW DELHI, DECEMBER 15: The Supreme Court SC has severely criticised Karnataka High Court HC for ordering a CBI probe into the award of 1,000 MW Mangalore Power Project on 8220;flimsy grounds and materials8221; while absolving US major Cogentrix and Hong Kong-based China Light and Power Company CLP of allegations of kickbacks.
8220;The attempt made by the HC in this case appears to us to be in the nature of a blind shot fired in the dark without even knowing whether there is a prey at all. That may create sound and fury but not result in hunting down the prey,8221; a division bench comprising Justices S Saghir Ahmad and S Rajendra Babu said on Monday.
The SC, which had reserved the judgment for nearly a year, gave its verdict within four days of promoters announcing their withdrawal from the Rs 3,948 crore project on grounds of delays in Government clearances and legal wrangles.
8220;The HC has looked at different circumstances in the case with a jaundiced eye8230;We think, the HC has gone too far,8221; the bench said. It said on mere surmises and conjectures without any reasonable basis a criminal investigation could not be started and added, 8220;however condemnable the nature or extent of corruption in the country, not all acts could be said to fall in that category.8221;
The bench, however, kept it open for the parties to approach investigating authorities on finding new material regarding corruption. The HC had ordered a CBI probe on February 27, 1998 on a PIL filed by Arun Aggarwal.