NEW DELHI: The Delhi High Court has upheld a trial court order setting aside a notice issued by the Central Bureau of Investigation (CBI) to retired Chhattisgarh High Court judge Justice I.M. Quddusi in a corruption-related investigation, ruling that the statutory power under Section 91 of the Code of Criminal Procedure (CrPC) cannot be used to compel an accused to disclose personal details.
A Bench of the Delhi High Court, while dismissing the CBI’s petition, affirmed that Section 91 CrPC is meant for the production of specific, pre-existing documents or things and does not authorise the investigating agency to require an accused person to create or compile information based on personal knowledge.
The case arose from a notice issued by the CBI to Justice Quddusi during the course of a corruption probe, seeking details of mobile phone numbers used by him, particulars of bank accounts including statements for a specified period, and information relating to drivers and domestic staff. Justice Quddusi had challenged the notice before the Special Judge (CBI), contending that it violated the constitutional protection against self-incrimination guaranteed under Article 20(3) of the Constitution.
The Special Judge accepted the objection and set aside the notice, prompting the CBI to approach the High Court.