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

                                     IN

                    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