New Delhi, December 20
In a setback to the CBI which maintained that there was no kickback involved in the Rs 16,000 crore Scorpene submarine deal, the Delhi High Court today directed it to conduct a fresh preliminary inquiry and file a report before it.

A Bench comprising Justice T.S. Thakur and Justice Veena Birbal granted three months’ time to the investigating agency to complete the inquiry.

“We direct preliminary inquiry to be initiated by the CBI on the complaint (alleging kickback in the deal) and be completed within three months,” the Bench said, adding that it was not expressing any opinion on the merit of the case.

The Bench also said that if any cognisable offence was made out after the inquiry then an FIR be lodged by the investigating agency against the accused.

But the Bench made it clear that in case the agency decided to close the case after the inquiry then it had to satisfy the court that there was no evidence of kickback involved in the deal.

“If the inquiry does not disclose the offence then the IO will file the status report and also the order of the competent officer passed on the basis of report,” the court said.

Earlier, additional solicitor-general Gopal Subramanium appearing for the agency contended that he had taken instructions from the CBI Director and there was no problem in conducting a preliminary inquiry. — PTI