Supreme Court - Daily Orders
Operation Mobilization India vs The State Of Telangana on 7 April, 2021
Bench: Navin Sinha, Ajay Rastogi
ITEM NO.10 Court 12 (Video Conferencing) SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 4235/2021
(Arising out of impugned final judgment and order dated 27-01-2021
in WP No. 22547/2020 27-01-2021 in IA No. 1/2020 passed by the High
Court for The State of Telangana at Hyderabad)
OPERATION MOBILIZATION INDIA & ORS. Petitioner(s)
VERSUS
THE STATE OF TELANGANA & ORS. Respondent(s)
(IA No.24716/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.24711/2021-PERMISSION TO FILE SLP WITHOUT
CERTIFIED/PLAIN COPY OF IMPUGNED ORDER and IA No.24712/2021-
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA
No.24847/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 37777/2021 - APPLICATION FOR PERMISSION
IA No. 36014/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 24716/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 36013/2021 - INTERVENTION APPLICATION IA No. 37440/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 30184/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 24847/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 24712/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 24711/2021 - PERMISSION TO FILE SLP WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER) Date : 07-04-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr. Shyam Divan, Sr. Adv.
Mr. Siddharth Bhatnagar, Sr. Adv.
Mr. Varun Singh, AOR Signature Not Verified Mr. Gaurav Nair, Adv.Digitally signed by
Rachna Date: 2021.04.09 Ms. Kritya Sinha, Adv.
11:14:26 IST Reason: Ms. Pranati Bhatnagar, Adv.
Mr. Aditya Sidhra, Adv.
Mr. Nadeem Afroz, Adv.-2-
For Respondent(s) Mr. Sidharth Luthra, Sr. Adv.
Mr. S.Udaya Kumar Sagar, AOR Ms. Bina Madhavan, Adv.
Ms. Sweena Nair, Adv.
Mr. Sudheer J, Adv.
Mr. Sumanth Nookala, AOR Mr. Huzefa Ahmadi, Sr. Adv.
Ms. Anne Mathew, AOR Mr. Saurabh Chaudhary, Adv.
UPON hearing the counsel the Court made the following O R D E R FIR No. 22 of 2016 was lodged by respondent no. 3 on 29.9.2016 under Sections 409, 420, 477(A) and Section 37 of the Foreign Contribution (Regulation) Act 2010. Investigation was taken up by the Economic Offences Wing (CID), Telangana State. The challenge to the FIR was rejected in SLP(Crl.) No. 3888 of 2017 on 12th September, 2017 directing “the investigation to be concluded as expeditiously as possible and action, if required, in accordance with law be initiated thereafter.” Close on heels to the same on 17th August, 2018 in another SLP(Crl.) D. No. 27899 of 2018 preferred by the informant respondent no. 3, declining interference, it was observed, “however, if the petitioner has any grievance with regard to the progress of the investigation of the case it will be open for him to move the appropriate forum including the High Court, if so advised.” -3- In W.P. No. 13044 of 2019 preferred by respondent no. 3 before the High Court seeking directions for investigation by the Central Bureau of Investigation, a counter affidavit was filed by the Deputy Inspector General of Police, CBI, ACB, Hyderabad declining that the CBI had any role in the investigation for reasons mentioned therein.
On 21st November, 2020 after more than four years of the registration of the First Information Report, the CID Telangana State froze the accounts of the petitioners. This compelled the petitioners to approach the High Court which rejected the challenge to the freezing of the accounts, thus the present appeal.
During the pendency of the present matter before this Court an I.A. No. 48029 of 2021 has been filed by the respondent-State of Telangana. It encloses a letter dated 24th March, 2021 addressed to the Ministry of Home Affairs. The relevant extract reads as follows:
“It is to state that, the accused A-2, Joseph D’Souza filed a Special Leave Petition in the Hon’ble Supreme Court of India vide SLP (Criminal) Diary No. 4235 of 2021 against the Judgment and order passed by the Hon’ble High Court of Telangana, Hyderabad vide W.P. No. 22547 of 2020, dated 27.01.2021 and contending that the State CID Unit is not authorized to conduct investigation in the case of FCRA when the amount involved is more than 1 Crore and that CBI is the competent authority -4- under the notification issued by Ministry of Home Affairs vide SO No. 2446 (E), dated 27-10-2011.
In view of the above facts and circumstances, it may be pleased to pass orders in the matter either permit to the CID TS to continue further investigation and file charge sheet or pass orders by entrusting further investigation to CBI, ACB as deemed fit.” Pertinently this letter has been written after we issued notice on 22nd February, 2021. Explaining the letter paragraph 10 of the I.A. No. 48029 of 2021 states as under: “10. ……..Respondents are not authorized to conduct investigation in the case of FCRA and that the CBI is the competent authority to conduct investigation as the amount involved is more than one crore. It was further stated that keeping into consideration the subsequent revelations through investigation, the respondents pleaded that orders may be passed to permit them to file charge sheet or to pass orders entrusting the investigation to CBI.” At this stage, we are, therefore, satisfied on the own showing of the respondent-State of Telangana that the order of attachment dated 21st November, 2020 needs to be stayed in so far as salary and institutional expenses are concerned. It is ordered accordingly.-5-
The petitioners are directed to maintain proper and complete statement of accounts with regard to the institutional and salary expenses incurred from the concerned accounts frozen by order dated 21st November, 2020, in the meantime.
List the matter in the last week of July, 2021. In the meantime, parties may complete their pleadings.
(NEETA SAPRA) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)