Hearing in court before FIR is filed is not a right, says HC

Raipur: The Chhattisgarh high court has ruled that a person who is likely to be made an accused in a case has no right to be heard before the initiation of criminal proceedings or registration of an FIR.Justice Bibhu Datta Guru on Wednesday passed the order while dismissing a writ petition filed by a senior medical officer, Dr Vivek Choudhary, challenging a recommendation for registration of an FIR in connection with alleged corruption and misappropriation of public funds relating to purchase and installation of PET-CT Scan and Gamma Camera at the state-run Dr Bhimrao Ambedkar Memorial Hospital in Raipur.The petitioner, the then joint director-cum-superintendent of the hospital, had challenged a 2021 inquiry report and a subsequent govt recommendation to lodge an FIR against him.The case pertains to alleged irregularities and misappropriation of public funds worth approximately Rs 18.45 crore for purchase and installation of PET-CT Scan and Gamma Camera machines at the hospital. A six-member internal committee had recorded adverse findings against the petitioner, alleging procedural lapses and lack of proper financial sanctions.Arguing that the recommendation for an FIR was arbitrary and lacked material basis, the petitioner's counsel said Dr Choudhary's role was limited to providing technical specifications and that the procurement process was handled by the Chhattisgarh Medical Services Corporation Limited.The petitioner also claimed that the inquiry committee did not provide him an opportunity of hearing, violating the principles of natural justice.The state counsel opposed the petition, stating that the committee was merely a fact-finding body and that the govt has independent power to investigate cognizable offences and that a prospective accused cannot demand a hearing before an investigation begins.The court noted that the petitioner was actively involved in crucial stages of the procurement process, including furnishing estimated costs and technical specifications."A prospective accused has no vested right to be heard prior to initiation of criminal proceedings as the Bharatiya Nagarik Suraksha Sanhita (BNSS) does not provide for a right of hearing before the registration of an FIR," Justice Guru said.The court said the inquiry committee was a preliminary body assisting the govt and did not determine final legal liabilities and courts should be slow in interfering with the investigating agency's power at the threshold.The court also said that adherence to principles of natural justice is not mandatory during the reporting stage of a criminal offence.