COMMON CAUSE & ORS. Vs. UNION OF INDIA & ORS.

Supreme Court of India (Full Bench (FB)- Three Judge)

INTERLOCUTORY APPLICATION, 13 of 2014, Judgment Date: Jan 23, 2017

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A.NO. 13 OF 2014

WRIT PETITION (CIVIL) NO. 463 OF 2012

Common Cause & Ors. …..Petitioners

vs.

Union of India & Ors. …..Respondents

J U D G M E N T

Madan B. Lokur, J.

1. In our order dated 14th May, 2015 we had held that it was completely
inappropriate for Mr. Ranjit Sinha (then Director of the Central Bureau of
Investigation or CBI) to have met persons accused in the coal block
allocation cases without the investigating officer being present or without
the investigating team being present. We were also of opinion that in view
of this, it would be necessary to enquire whether any one or more such
meetings that Mr. Sinha had with the accused persons had any impact on the
investigations and subsequent charge–sheets or closure reports filed by the
CBI.
2. We had requested assistance from the Central Vigilance Commission in
this regard and during the pendency of the proceedings, we had also
appointed a Committee headed by Mr. M.L. Sharma, IPS (Retired), former
Special Director CBI and former Central Information Commissioner to look
into the allegations and give us a report.
3. Mr. Sharma submitted a report on 4th March, 2016, a copy of which was
handed over to the learned Attorney General with a request to consider the
report and assist us as to the further course of action.
4. Thereafter, we heard the submissions of all the learned counsel
including Mr. Vikas Singh appearing on behalf of Mr. Ranjit Sinha.
5. We have perused the detailed report given by Mr. M.L. Sharma and
express our gratitude to him for the invaluable assistance rendered by him
and his team. We would not like to make any comment on the contents of the
report but on a careful perusal thereof, we do think it necessary to accept
the second prayer made in the I.A. which is to the following effect :-
“Direct an SIT appointed by this Hon’ble Court to investigate the abuse of
authority committed by the CBI Director in order to scuttle enquiries,
investigations and prosecutions being carried out by the CBI in coal block
allocation cases and other important cases”.

6. We have considered the issue whether an outside body of investigators
should be appointed as the Special Investigating Team. However, in our
considered opinion, since there has been a change of guard in the CBI, we
would continue to repose our faith in the impartiality of the CBI to look
into the report prepared by Mr. M.L. Sharma and other relevant documents
and conduct an investigation (as a Special Investigating Team) into the
abuse of authority prima facie committed by Shri Ranjit Sinha with a view
to scuttle enquires, investigations and prosecutions being carried out by
the CBI in coal block allocation cases.
7. The Special Investigating Team led by the Director, CBI may take the
assistance of two officers of the CBI nominated by the Director with due
intimation to this Court. The Director, CBI will also take the Chief
Vigilance Commissioner into confidence in respect of the investigations.
Since the Director, CBI will undoubtedly require the assistance of somebody
well conversant with the law, we request Mr. R.S. Cheema who is already a
Special Public Prosecutor in the coal block allocation cases to assist the
Director, CBI and his team on legal issues.
8. We make it clear that we have not expressed any opinion on the merits
of the allegations made by the petitioner or make any comment on the
contents of the report prepared by Mr. M.L. Sharma and his team except to
say that a prima facie case has definitely been made out for investigation
into the abuse of authority by Mr. Ranjit Sinha in terms of the report.
9. A copy of this order may be provided to the Director, CBI who will
indicate on the next date of hearing the composition of his team and the
time required to complete the investigations.

10. We need hardly emphasise that the matter is of considerable public
importance and should be taken up with due earnestness by the Director,
CBI.

…………………………..J
( Madan B. Lokur )

………………………….. J
( Kurian Joseph )

…………………………..J
New Delhi; ( A.K. Sikri )
January 23, 2017

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