Jharkhand High Court
Rajiv Ranjan Singh @ Lalan Kr. vs Union Of India & Ors on 16 November, 2011
Author: Prakash Tatia
Bench: Chief Justice, P. P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C. No. 293 of 2001
With
I.A. No. 3007 of 2011
Rajiv Ranjan Singh @ Lallan Singh ... ... Petitioner
Versus
Union of India & Others ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE P. P. BHATT
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For the Petitioner : ----
For the Respondents : Md. Mokhtar Khan, ASGI
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Order No. 78 Dated 16th November, 2011
1. The CBI has submitted the progress report which has been taken on record.
2. As per the report of CBI, following facts are taken note of :-
Out of total 53 Fodder Scam Cases being tried at Ranchi, 38 cases have been disposed of.
During the period under report, one of the Fodder Scam Case i.e. RC49(A)/96-Pat has been disposed of in which total 61 accused persons faced the trial and out of them, 58 have been convicted.
In all 38 cases which have been decided till now, the accused persons have been convicted.
It has been submitted in report that apart from 38 disposed of cases, in two cases i.e. RC31(A)/96-Pat and RC52(A)/96-Pat, prosecution evidence have been concluded. Case No. RC31(A)/96-Pat is at recording of the statement of the accused under Section 313 Cr.P.C. whereas RC52(A)/96-Pat is at final argument stage.
Out of 15 cases pending trial, 9 cases are at prosecution evidence stage, 01 case is at the stage of recording statement of accused under Section 313 Cr.P.C., 02 cases are at defence evidence stage and 03 cases are at final argument stage.
During the period of this report, 165 prosecution witnesses and 14 defence witnesses have been examined. Three of the prosecution witnesses were recalled and they were discharged after their re- examination.
In RC20(A)/96-Pat, the evidence of the Investigating Officer has started on 18.04.2011, however, the Presiding Officer of this Court was transferred on 14.09.2011.
During the period of this report, total 122 accused persons have been examined by the Special Courts in terms of the provision of Section 313 Cr.P.C.
3. Learned counsel for the CBI submitted that there are large number of witnesses and those witnesses were brought in court by the CBI even by flight incurring huge expenditure. It is submitted that large number of applications have been submitted for reimbursement of the expenses incurred by the witnesses but those applications have not yet been decided and the payments have not been made to the witnesses and in view of the above, even some of the witnesses refuse to cooperate the CBI when their presence was needed for further re-examination in the court in the same case or in other cases of the Fodder Scam itself.
4. In view of the above, all the courts trying the Fodder Scam Cases, are directed to deal these applications expeditiously and pass appropriate order for reimbursement of the expenses which can be reimbursed in accordance with law to the witnesses concerned by or before 31st December, 2011. However, because of this pendency, there shall not be any leniency in summoning of witnesses or re-summoning of witnesses, if needed for further or additional evidence or for re-examination, and effectively those witnesses shall be summoned and called for evidence whether payment has been made or not as there cannot be any excuse for any witness to not give evidence in court on account of non-making of the payment of his expenses for giving evidence in any of the cases or even in the same case.
5. A copy of this order be sent to all the Court where the Fodder Scam Cases are pending, forthwith. I.A. No. 3007 of 20111
1. CBI has submitted I.A. No. 3007 of 2011 praying that CBI may be permitted to transfer Sri Arvind Kumar, Inspector of Police, who is member of Police Service in the State and who joined CBI on deputation on 11.09.2001 and that deputation has expired on 10.09.2011. It is submitted that now the CBI is not in need of his presence in the CBI Department as the Fodder Scam Cases, in which he was assisting the Public Prosecutor, have proceeded and reached to the stage where Sri Arvind Kumar's presence may not be necessary for assisting the Public Prosecutor.
2. In view of the above statement of the CBI, CBI is permitted to repatriate Sri Arvind Kumar, Inspector of Police to his parent department. However, it is made clear that it will be the responsibility of the CBI and this shall not be taken by the CBI as excuse for delay in deciding any of the cases wherein said Arvind Kumar was assisting the Public Prosecutor.
3. I.A. No. 3007 of 2011 is allowed accordingly.
4. Put up on 7th December, 2011. On that day, CBI may give brief statement of the progress in all remaining Fodder Scam Cases which are pending in the courts.
(Prakash Tatia, C.J.) (P. P. Bhatt, J) Birendra