If you are stuck in such a situation, here is what to do.

In a significant observation, the Apex Court of India recently scrutinized the actions of a senior advocate, Mr. Rohan Desai, who attempted to question the findings of a high-level inquiry committee. The committee, headed by the retired and respected Justice Alok Verma, was tasked with investigating a complex corporate dispute between two major entities, “SpectraCorp” and “Nexus Innovations,” based in the city of Aryavarta.

The core of the issue arose when Mr. Desai, representing SpectraCorp, challenged the committee’s final report in the highest court. The court pointedly questioned the basis of this challenge, noting that Mr. Desai’s client had fully and actively participated in the entire inquiry process conducted by Justice Verma’s committee. The bench remarked on the legal principle that a party cannot selectively accept parts of a process. One cannot participate willingly, hoping for a favourable outcome, and then turn around to discredit the entire process when the report is not to their liking. This principle, often stated as “one cannot approbate and reprobate,” formed the crux of the court’s observations, highlighting the inconsistency in the litigant’s stance.

The court’s line of questioning underscored a fundamental tenet of legal proceedings: challenges to procedure or jurisdiction must be raised at the earliest opportunity, not held in reserve as a fallback strategy in case of an adverse result.

Advice in such cases

If you find yourself in a situation where you are part of an inquiry, be it departmental, corporate, or quasi-judicial, and later wish to challenge its findings, consider the following:

• Raise Objections Early: If you perceive any bias, procedural error, or lack of jurisdiction in the committee or authority, you must record your objections immediately and formally. Do not wait for the final report.
• Participate Under Protest: If you believe the inquiry is flawed but are compelled to participate, make it clear that your participation is “under protest.” This must be documented in the proceedings’ records.
• Maintain Consistency: Your legal stance should be consistent. Contradictory actions, like participating fully and then claiming the process was illegitimate, severely weaken your case.
• Document Everything: Keep meticulous records of all communications, submissions, and minutes of meetings. This documentation is crucial if you need to prove that you raised concerns during the process.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

While the situation described is primarily governed by established legal principles and precedents, certain statutes are relevant:

• Principle of Estoppel: This case is a classic example of the doctrine of estoppel. As per the Bharatiya Sakshya Adhiniyam (BSA), 2023, this principle prevents a person from denying the truth of a statement they previously made or the legitimacy of a state of affairs they led others to believe was true. By participating without objection, a party implies acceptance of the committee’s authority.
• Procedural Laws: The procedures for inquiries and trials are outlined in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Any challenge to a report would need to demonstrate a violation of the mandated procedures that caused a miscarriage of justice.
• Writ Jurisdiction: Such matters are typically challenged before High Courts or the Supreme Court under their writ jurisdiction, arguing that the committee’s actions were arbitrary, biased, or beyond its legal authority.

If you are the complainant

If you are the one challenging the report after participating, your legal strategy must be carefully crafted:

• Focus on Grave Errors: Your challenge should not be merely about disagreeing with the conclusion. It must be based on fundamental flaws, such as blatant bias, fraud, or a complete disregard for the principles of natural justice that were not apparent during the proceedings.
• Demonstrate Prejudice: You must prove that the procedural flaw you are highlighting has directly resulted in an unjust and prejudicial outcome for you.
• Explain the Delay: Be prepared to cogently explain to the court why you did not raise these objections during the inquiry itself. For example, you might argue that evidence of bias only came to light after the report was submitted.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the party defending the report and benefiting from its findings, your position is generally stronger:

• Invoke Estoppel: Your primary argument will be that the other party is “estopped” from challenging the report. Emphasize their full, voluntary, and unconditional participation in the proceedings.
• Highlight the Record: Use the official records of the inquiry to show that the complainant never raised any objections regarding bias or procedure during the meetings or in their submissions.
• Argue Finality: Stress the importance of bringing finality to legal proceedings. Allowing parties to challenge outcomes they dislike after full participation would lead to endless litigation.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In matters of civil or corporate inquiries by a committee, the police are generally not involved unless the issue involves criminal conduct like fraud or forgery, which would trigger provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. The role of an investigating agency or an inquiry committee in such cases is to:

• Act Neutrally: The committee is expected to act as a neutral arbiter, giving fair opportunity to all parties involved.
• Maintain Records: They meticulously record all submissions, evidence, and arguments presented by all sides. This record becomes the primary evidence of the process’s fairness.
• Follow Due Process: The committee must adhere to the principles of natural justice, which include the right to be heard and the rule against bias.
• Submit a Fact-Based Report: The final report should be based solely on the evidence and facts presented during the inquiry.

FAQs people normally have

• Can I challenge a decision just because I don’t like the outcome?
  No. A legal challenge must be based on an error of law, a procedural flaw, bias, or irrationality, not merely on dissatisfaction with the result.
• What if I discover evidence of bias only after the report is published?
  This can be a valid ground for a challenge. However, you must provide strong and convincing evidence to the court to prove the bias and explain why it could not have been discovered earlier.
• Does participating in a flawed process mean I have accepted it?
  Generally, yes, unless you have explicitly registered your participation as being “under protest” and have documented your reasons for the protest.

What evidence is required?

To challenge a report after participation, you would need:

• Evidence of Protest: Correspondence or minutes of meetings showing you objected to the proceedings.
• Proof of Bias or Fraud: Concrete evidence (emails, recordings, documents) that proves the committee was biased or the process was fraudulent.
• Evidence of Procedural Violations: Documentation showing that the committee did not follow its own rules or the principles of natural justice.

To defend a report, you would need:

• Records of Full Participation: Minutes, attendance sheets, and submissions showing the other party’s active and unconditional involvement.
• Absence of Objections: The official record showing that no objections regarding bias or procedure were raised by the challenging party.

How long will the investigation take?

The original inquiry by a committee can take anywhere from a few months to over a year, depending on its complexity. If the committee’s report is subsequently challenged in a High Court or the Supreme Court, the legal battle can be lengthy. Such cases often involve multiple hearings and can take several months, or even years, to reach a final decision, depending on the court’s docket and the intricacy of the legal arguments presented.

Advocate Sudhir Rao, Supreme Court of India