The Supreme Court’s call for a judicial deliberation on this point was against the backdrop of the fact that the Chhattisgarh government had also appealed against Mr. Jogi’s 2007 acquittal in the Jaggi murder case. File
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The Supreme Court on Thursday (November 6, 2025) condoned the Central Bureau of Investigation’s (CBI) 1,373-day delay in approaching the Chhattisgarh High Court to appeal the acquittal of former Chief Minister Ajit Jogi’s son, Amit Jogi, by a trial court, in the 2003 murder of Nationalist Congress Party leader Ramavatar Jaggi.
A three-judge Bench headed by Justice Vikram Nath observed that the “ends of justice will be served” by condoning the premier investigative agency’s delay in filing the application in the High Court seeking leave to appeal. The High Court had refused the CBI’s delayed application for leave to appeal in a September 2011 order.
The Sessions Court had acquitted Mr. Jogi for insufficient evidence on May 31, 2007. It had, however, upheld the charges against 28 other accused under the erstwhile Indian Penal Code and the Arms Act.
Can States appeal independently?
Separately, Justice Sandeep Mehta, who authored the judgment, said the Supreme Court ought to “examine and deliberate” on the question of law as to whether the State could independently appeal against an acquittal in a case initially registered by the State police but later transferred to the CBI, which had filed the chargesheet on which the trial occurred.
The Bench’s call for a judicial deliberation on this point was against the backdrop of the fact that the Chhattisgarh government had also appealed against Mr. Jogi’s 2007 acquittal in the Jaggi murder case.
Justice Mehta said such a deliberation should consider whether the State could independently file an appeal iagainst acquittals in CBI cases if the complaint was lodged by the State; if the investigation was partly done by State police; if the prosecution was commenced at the instance of the State; if the State has a stake in the criminal proceedings; and if the jurisdiction of the CBI was invoked at the instance of the State government.
‘Very grave charges’
Though he refrained from making any comments on the merits of the criminal case in his judgment, Justice Mehta said the charges against Mr. Jogi were “very grave”.
“The CBI filed an application seeking leave to appeal after a significant delay of 1,373 days, but it is equally true that the charges against the respondent-Amit Jogi were very grave, involving a conspiracy to murder a member of a rival political party. We are of the opinion that the High Court ought to have adopted a more liberal and pragmatic approach in dealing with CBI’s application,” the Bench, also comprising Sanjay Karol, observed.
The Bench asked the High Court to consider the CBI’s application for grant of leave to appeal afresh, and on merits. The top court also permitted Mr. Jogi the opportunity of a hearing before the High Court as it mulls the application seeking leave to appeal, considering the peculiar facts of the case.
Published – November 06, 2025 10:50 pm IST
