Supreme Court - Daily Orders
P.D. Seth vs Central Burauof Investigation on 26 July, 2019
Bench: Uday Umesh Lalit, Vineet Saran
1
ITEM NO.1 COURT NO.8 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.)… CRL.M.P. No.
1137/2017
(Arising out of impugned final judgment and order dated 27-05-2013
in CRLA No.41187/2012 passed by the High Court Of Judicature At
Allahabad)
P.D. SETH Petitioner(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondent(s)
WITH
SLP (Crl.) … CRL.M.P. No.1448/2017 (II)
(CRL.M.P. NO.46301/2018 – FOR RECALLING THE COURT'S ORDER)
SLP (Crl) No.6106/2019 (II-C)
(FOR ADMISSION and I.R.; and, IA No.84913/2019 – FOR CONDONATION OF
DELAY IN FILING)
Date : 26-07-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE VINEET SARAN
Counsel for the Parties:
Ms. Kiran Suri, Sr. Adv.
Mr. Harish Pandey, Adv.
Mr. Anmol Chandan, Adv.
Ms. Indira Bhakar, Adv.
Mr. Debashish Raut, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. P.P. Khurana, Sr. Adv.
Mr. Pradeep Dhingra, Adv.
Mr. Sachin Sood, Adv.
Mr. Rajesh Singh Chauhan, Adv.
Mr. Mohit Nandwani, Adv.
Mr. Rajesh Singh Chauhan, AOR
Signature Not Verified
Digitally signed by
MUKESH KUMAR
Date: 2019.08.02
Mr. R. Basant, Sr. Adv.
16:50:58 IST
Reason: Mr. A. Karthik, AOR
Mr. Akshay Sahay, Adv.
Ms. Smrithi Suresh, Adv.
Mr. Badusha Sulaiman, Adv.
2
UPON hearing the counsel the Court made the following
O R D E R
A Chart denoting status in respect of issue of sanction concerning various accused was placed before us. The said Chart is as under:
SUMMARY OF LETTERS SENT SEEKING SANCTION FOR PROSECUTION UNDER SECTION 197 CR.P.C. IN RC 10/2010 AND REPLIES THEREOF Sl. Date Letter Particulars To Whom Date of Gist of No. No. Reply Reply 1 08.06.2017 4558 Seeking sanction for The Chief 12.10.2017 Sanction in prosecution u/s 197 Executive Officer respect of both Cr.P.C. against (CEO), Noida the officers
1. Sh. R.S. Yadav, Authority, Sector- denied.
Officer on Special 6, NOIDA (UP) Duty (OSD), Noida Authority.
2. Sh. S.C. Pabreja, the then Manager (Residential Plots), Noida Authority, Noida (Since Retired) 2 08.06.2017 4560 Seeking sanction for The Joint Secy. & 07.09.2017 With prior prosecution against CVO, Department (Received approval of the Smt. Bhawani of Health in CBI on Competent Thyagrajan, the then Research, 08.09.2017 Authority in Joint Secy., Ministry of Ministry of ICMR and Health & Family Health & Family (Deptt. Of Welfare, Govt. of India Welfare, Nirman Health (Since Retired) Bhawan, New Research) DHR Delhi. and in 3 08.06.2017 4561 Seeking sanction for The CVO, Indian consultation prosecution against Society of Medical with the
1. Sh. N.K. Research, V. Department of Ganguly, the then Ramalingaswamy Legal Affairs, DG, ICMR (Since Bhawan, Ansari M/o Law & Retd.) Nagar, New Delhi- 05.10.2017 Justice, Govt. of
2. Sh. Mohinder 110029. India a Singh, the then Sr. reference has DDG(A), ICMR already been (Since Retd.) processed
3. Sh. P.D. Seth, the seeking opinion then Financial of the Ld. Adviser, ICMR Attorney (Since Retd.) General of India
4. Sh. B.C. Das, the in the matter.
then Director,
ICMR (Since Extension of one
Retd.) month sought.
3
5. Sh. A.K. It was informed
Shrivastava, that the
Executive response of
Engineer, ICMR Deptt. Of Legal
6. Sh. Jatinder Affairs/ Ld.
Singh, the then Sr. Attorney
Accounts Officer, General of India
ICMR (Since is still awaited.
Retd.) On receipt of the
7. Sh. S.K. same, the
Bhattacharya, the decision on the
then Additional request of CBI
Director General, seeking sanction
ICMR (Since for prosecution
Retd.) of Officials of
8. Dr. Bela Shah, DHR/ICMR will
Head of NCD be conveyed.
Division, ICMR
9. Sh. L.D. Pushp,
Administrative
Officer, ICPO,
NOIDA.
4 20.12.2017 10498 Reminder Letter The Joint Secy. & 30.05.2018 The matter was
No.4560 dated CVO, Department (letter of discussed in a
08.06.2017 of Health AIG (P) meeting held on
Research, CBI 30.05.2018 with
Ministry of CVOs. It was
Health & Family informed that –
Welfare, Nirman
Bhawan, New “Since there was
Delhi. no regular
Secretary in
ICMR, the
matter is under
process. It was
further
informed by the
CVC that the
concerned
official had
perhaps retired.
The Ministry
informed that
the composite
case in respect
of Shri
Lachman Das
Pushp and 9
others was
under
submission and
would be
resolved in one
month.”
5 11.06.2018 4924 Reminder Letter The CVO, Indian 31.08.2018 The matter was
No.4561 dated Council of (letter of discussed in a
08.06.2017 Medical Research, AIG (P) meeting held on
V. CBI 02.08.2018 with
Ramalingaswamy CVOs. It was
Bhawan, Ansari informed that –
Nagar, New Delhi-
110029
4
6 12.06.2018 4923 Reminder Letter The Joint Secy. & “D/o Health and
No.4560 dated CVO, Department Family Welfare
08.06.2017 of Health vide letter dated
Research, 31.07.2018 has
Ministry of informed that
Health & Family CVO, ICMR has
Welfare, Nirman been requested
Bhawan, New to furnish
Delhi. requisite
information to
DOP&T. In
respect of Smt.
Bhawani
Thyagarajan the
case has been
submitted for
approval of M/o
Health and
Family Welfare
before
forwarding it to
CVC for seeking
their advice.”
7 10.09.2018 7539 Reminder Letter The CVO, Indian
No.4561 dated Council of Medical
08.06.2017 Research, V.
Ramalingaswamy
Bhawan, Ansari
Nagar, New Delhi-
110029.
8 10.09.2018 7538 Reminder Letter The Joint Secy. &
No.4560 dated CVO, Department
08.06.2017 of Health Research,
Ministry of Health
& Family Welfare,
Nirman Bhawan,
New Delhi.
9 22.02.2019 1674 Reminder Letter The Joint Secy. & 01.03.2019 It is informed
No.4560 dated CVO, Department that after
08.06.2017 and of Health seeking advice
subsequent reminder Research, from CVC, the
letters mentioned Ministry of matter has been
above. Health & Family sent to-
Welfare, Nirman 1. DoPT on
Bhawan, New 05.03.2019 in
Delhi. respect of
10 22.02.2019 1673 Reminder Letter The CVO, Indian Smt. Bhawani
No.4561 dated Council of Thyagarajan.
08.06.2017 and Medical Research,
subsequent reminder V. 2. CVO, ICMR letters mentioned Ramalingaswamy on 04.02.2019 above. Bhawan, Ansari in respect of Nagar, New Delhi- the remaining 110029. officers.
CBI has been
requested to
take up the
matter with
DoPT and
CVO, ICMR.
5
It appears that the matters are still pending consideration by the requisite authorities. As stated in the Chart, extension of one month has been sought.
We, therefore, grant to the prosecuting agency time of one month to do the needful in the matter and place the Status Report before the next date of hearing.
List the matters on 30.08.2019.
(MUKESH NASA) (SUMAN JAIN) COURT MASTER BRANCH OFFICER