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1997 (3) TMI 570 - SC - Indian LawsWhether there was a need "to establish a special organ/agency to regularly collect information and pursue cases against such mafia elements? Whether the supporting material placed before the Vohra Committee can be disclosed for the benefit of the general public? Held that:- The disclosure of the supporting material placed before the Vohra Committee to the public at large would, instead of aiding the interest of the public, be severely and detrimentally injurious to it. In that view of the matter, we think there is no necessity for us to express ourselves on the constitutionality of Section 5 of the Official Secrets Act, 1923. the grave nature of the issue demands deft handling by an all-powerful body which will have the means and the power to fully secure its foundational ends. The Nodal Agency, in its present form, comprises senior bureaucrats of the highest level. While it is suited to coordinate an exchange of information between different investigating agencies, its composition is such that it may not be viewed by the public as completely independent or immune from pressures of every kind. It is, therefore, not suitable for pursuing an investigation of this kind and taking it to the state of prosecution where may be nexus between the persons under investigation and powerful persons such as those referred to in the Vohra Committee Report. In view of the seriousness of the charges involved and the clout wielded by those who are likely to become the focus of investigation, it is necessary that the body which is entrusted with the task of following the investigation through to the stage of prosecution, be such that it is capable of enjoying the complete trust and confidence of the people. We are, therefore, of the view that the matter needs to be addressed by a body which function with the highest degree of independence, being completely free from every conceivable influence and pressure. Such a body must possess the necessary powers to be able to direct investigation of all charges thoroughly before it decides, if at all, to launch prosecutions. To this end the facilities and services of trained investigators with distinguished records and impeccable credentials must be made available to it. To this end, and in the absence of any existing suitable institution or till its creation, we recommend that a high level committee be appointed by the president of India on the advice or the Prime Minister, and after consultation with the Speaker of the Lok Sabha. The Committee shall monitor investigations involving the kind of nexus referred to in the Vohra Committee Report and carry out the objectives described earlier.
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