Supreme Court of India
Supreme Court Bar Association And Ors. vs State Of U.P. And Ors. on 15 September, 1994
Equivalent citations: 1995(2)SCALE241, (1995)5SCC770
Bench: M.N. Venkatachaliah, A.M. Ahmadi, J.S. Verma
ORDER
Transfer Petition (C) No..../94
1. By this petition the petitioners pray that certain pending proceedings similar to present petition initiated both in Allahabad and Lucknow Benches of the High Court, be withdrawn to this Court.
2. Issue notice to the respondents who were petitioners in the respective proceedings before the High Court. In the meanwhile all further contempt proceedings in respect of the same incident now pending in Allahabad and Lucknow Benches of the High Court shall remain stayed. List after service of notice.
W.P. (C) No. 533 of 1994
3. Heard Shri K.K. Venugopal, learned senior advocate for the Supreme Court Bar Association, Shri Soli J. Sorabjee, learned senior counsel appearing for the Bar Association of India which seeks to intervene. We grant the prayer and permit the Bar Association of India to intervene and assist the Court. We have heard Shri Asha Desai, learned senior counsel for the State of Uttar Pradesh and its officers. Shri Yogeshwar Prasad, learned Advocate General for the State of U.P. is present in Court. We have also heard learned Attorney General for Union of India.
4. Affidavits have been filed by the Chief Secretary, State of U.P. Director General of Police, State of U.P. and the Home Secretary on behalf of the State of U.P.
5. It appears to us that before further steps are initiated on the prayers made in the Writ Petition, it is necessary to have a prompt investigation and inquiry into the happenings at premises of the High Court of Allahabad on 13th September 1994. We place on record the letter of the Chief Justice of the High Court and the report of the High Court made to this Court, both received on 13th September 1994. They shall form part of the record. Copies of this shall be furnished to Shri Ashok Desai.
6. We thought - and put to Shri Desai - whether it would not be appropriate to have an independent and impartial enquiry and investigation into the events by the Director of C.B.I. who in respect of the conduct of the enquiry shall act as a Commissioner of this Court. Mr. Ashok Desai, in all fairness, stated that this is an appropriate course and all the facts would be before this Court in the form of the report of the Director.
7. We accordingly direct Shri Vijay Rama Rao, Director C.B.I. to enquire into and investigate into the events that occurred on 13th of September 1994 at the High Court which lead to the incidents referred to by the learned Chief Justice of the High Court in his letter and in the report of the High Court. The Director, C.B.I. Shri Vijay Rama Rao shall also enquire into the background events of the 12th September 1994.
8. A set of case papers including the copy of the Memorandum, writ petition, counter-affidavits filed so far as well as copy of the letter of the Chief Justice received on 13th September 1994 shall be furnish to the Director C.B.I. forthwith. We request the Director, C.B.I. to commence the enquiry forthwith and make his report to this Court within seven days from today.
9. All authorities of the State shall afford every assistance to Shri Vijay Rama Rao, Director, C.B.I. in discharge of this Commission. Shri Yogeshwar Prasad, Advocate-General present in Court assures such full assistance to him on behalf of the State Government and all its authorities. Needless to add that the Registrar of the High Court shall also furnish such assistance as may be necessary.
10. List it on 22nd September, 1994.
11. The Director, C.B.I. who was appointed Commissioner of this Court to inquire into and investigate the happenings in the Allahabad High Court has submitted his report. We place on record our deep appreciation of the prompt and efficient execution of the commission by the Director and his team of officers.
12. A copy of the report shall be furnished to (a) Sri K.K. Venugopal, learned senior counsel appearing for the Supreme Court Bar Association - petitioner in these proceedings; (b) Sri Ashok H. Desai learned senior counsel appearing for the Home Secretary and the Director General of Police, State of U.P.; (c) Advocate General of U.P.; and (d) to the learned Attorney General appearing for the Union of India. We request Sri D.P. Gupta, learned Solicitor General, to assist us in these proceedings and in the event of this Court deciding to initiate proceedings of criminal contempt against any of the officers, as prayed for in the petition, as the prosecutor in the case. A copy of the report shall be furnished to him. The annexures to the report are voluminous. The persons to whom copies of the report are furnished shall be at liberty to inspect the annexures in the chambers of the Registrar of the Supreme Court on any day during working hours on the prior request.
13. At this stage we do not propose to furnish copies of the report to the officers who are arrayed as respondents and contemnors in the petition. However, in the event the Court initiates any proceedings against them, copies would be furnished to them so that they may have an effective opportunity to show cause why action should not be taken against them. We direct this matter to be called on 28th September, 1994, at 2. P.M.
14. Sri Soli J. Sorabjee, learned senior counsel appearing for the intervenor - Bar Association of India shall be at liberty to take inspection of the report and of the annexures in the Registry.
15. The parties, as indicated in the earlier order, shall be present in Court on the next date.