CBI Director-in-Charge Trinath Mishra told a High Court division bench that while recording their comments, officers of the CBI, including law officers, had differed on certain points whether or not to prosecute certain persons in this case. The division bench, comprising Chief Justice R P Sethi and Justice Mohammed Anwar, was hearing a writ petition filed by former DySP of CBI B R Nana Rao.

In his affidavit, Mishra said ``I entertained genuine doubts on the applicability of certain sections of Prevention of Corruption Act, 1988, in this matter. I felt that since there are some grey areas and the decisions of the Supreme Court and the High Courts were not available on these issues, the report had to be referred to the Attorney General of India (AGI) for his opinion.''

``The matters whichrequired certain legal clarification from the AGI was referred to him. The clarification was required on the facts disclosed in the report of the Investigating Officer (IO). The details of the issues can be brought to the notice of the Court provided the matter is heard in-camera,'' the affidavit prayed.

``The Supreme Court has reiterated in more than one case that the CBI Director should obtain opinion of the AGI whenever there is difference of opinion between the officers of the CBI. The Supreme Court has held that even during the course of investigation of an offence, the advice of a lawyer chosen from the panel should be taken by the CBI.''

``I, being the Chief of Organisation, am competent to exercise all powers of the officer in charge of a police station by virtue of certain provisions in the Criminal Procedure Code (CrPC). In the present case, when the matter was submitted to me after perusal of the evidence, I felt that the advice of AGI was necessary in this case as certain legal points offar-reaching importance had arisen,'' the affidavit said.

``The AGI has assured me that he would be giving his opinion within a fortnight. Once the opinion of the AGI is obtained, a final decision will be taken by me within 15 days thereafter,'' the CBI Director stated. The bench has posted the case to Jan 12.