Bombay High Court Stays CBI Port Scam Probe Citing Privacy Breach
The Bombay High Court on Tuesday stayed a Central Bureau of Investigation (CBI) probe against a prominent engineering consultancy in connection with an alleged ₹800 crore scam related to a major port’s capital dredging project. The court’s interim order cited significant procedural lapses during the agency’s investigation, including a serious violation of privacy. This ruling was delivered while the court heard a petition filed by the consultancy seeking to quash the First Information Report (FIR) that had been lodged against it and other accused private firms and former officials involved in the project.
The CBI’s FIR alleged substantial excess payments, totaling over ₹800 crore, were made during the two phases of the dredging project. These alleged losses were attributed to fraudulent claims of “over-dredging” and the manipulation of hydrographic data. The investigation implicated various parties under charges of criminal conspiracy and cheating, alongside provisions of the Prevention of Corruption Act. The engineering consultancy, appointed as the project management consultant in 2003, maintained its role was limited to advisory supervision and preparation of tender documents, with its legal representatives asserting no involvement in financial or contractual decisions and a lack of material evidence against the firm.
A critical point of contention for the court was the disclosure of a private laptop password belonging to a company director within the CBI’s investigative memo. The bench sharply criticized this, calling it a “serious violation of privacy” and a contravention of the Information Technology Act, suggesting potential tampering or malicious intent. The court further directed the CBI to clarify key aspects of the FIR, including the source of the complaint and whether the matter had previously been examined by the nation’s chief legal officer or the port’s Board of Trustees, as claimed by the petitioner. The case is slated for further hearing in two weeks.
This judicial intervention highlights the critical importance of procedural integrity and privacy in investigative processes, even in high-stakes financial probes. The court’s firm stance underscores the need for investigative agencies to adhere strictly to legal norms, ensuring fair process and accountability, which are fundamental to upholding justice and public trust in significant infrastructure projects.
