Can SFIO Withhold the Order Starting an Investigation? Delhi High Court Explains

Brief facts

In Mandke Foundation v. Union of India, W.P.(C) 10462/2026, decided on 29 July 2026, the Delhi High Court considered a request for Ministry of Corporate Affairs orders authorising an SFIO investigation.

The Foundation, which runs Mumbai’s Kokilaben Dhirubhai Ambani Hospital, was asked to produce financial records concerning transactions with companies under investigation.

What both sides argued

The Foundation said it needed the orders and supporting material to understand the investigation’s scope and exercise legal remedies.

The Government opposed disclosure, arguing that sensitive information could expose the investigation’s direction and prejudice connected proceedings.

What the Court decided

Justice Swarana Kanta Sharma dismissed the petition. The notice already identified the investigation, the Foundation’s transactional connection and the documents required. The Court also noted that information remained outstanding despite a reminder.

At this preliminary stage, the Foundation had not established an enforceable right to the orders and underlying material. However, the Court expressly preserved remedies against subsequent adverse action.

Conclusion

This was a refusal of early disclosure—not a finding of guilt or a decision upholding the investigation against a substantive challenge. The petition sought documents, not invalidation of the investigation.

Sources

[Mandke Foundation v. Union of India & Anr., W.P.(C) 10462/2026, Delhi High Court, 29 July 2026—particularly paragraphs 12–18](https://delhihighcourt.nic.in/app/showFileJudgment/SKS29072026CW104622026_185026.pdf)

This article provides general legal information, not advice on a particular case.

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