Jharkhand High Court
The Court On Its Own Motion vs . on 25 July, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Anil Kumar Choudhary
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 3503 of 2014
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The Court on its Own Motion Versus.
1. The Union of India through its Secretary, Ministry of Road Transport And Highways, New Delhi
2. The Union of India represented by its Secretary, Ministry of Environment and Forest, New Delhi
3. The National Highways Authority of India represented by its Chairman
4. The State of Jharkhand through Principal Secretary, Road Construction Department, Govt. of Jharkhand
5. Principal Secretary, Department of Forest and Environment, Govt. of Jharkhand
6. Chief Executive Officer, Municipal Corporation, Ranchi
7. Subha Jha
8. Arbind Kumar Jha
9. Narendra Mishra
10. Ranchi Express Limited, Hyderabad
11. D.G,M., M/s Canara Bank, Prima Corporate Branch, Secunderabad, Telangana State
12. Ministry of Corporate Affairs through its Secretary, Govt. of India
13. The Serious Fraud Investigation Office through its Director under the Ministry of Corporate Affairs, Govt. of India
14. Ministry of Surface Transport and Highways through its Secretary, Govt. of India
15. Central Bureau of Investigation through its Director
--- --- Respondents With W.P.(PIL) No. 2470 of 2015
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The Court on its Own Motion Versus The State of Jharkhand & others
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Anil Kumar Choudhary
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For the Resp - State: Mr. Rajeev Ranjan Mishra, GP-II For the Resp - UOI: M/s Rajiv Sinha, ASGI, Niraj Kumar, JC to ASGI For the Res -NHAI: M/s Anil Kr.Sinha, Sr.Advocate, Sweety Topno, Advocate For the Resp No. 10: Mr. Anoop Kr. Mehta, Advocate For the Resp-Bank: M/s Jai Prakash, Sr. Advocate, P.A.S.Pati, Advocate
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57/ 25.07.2018 Pursuant to the order dated 09.07.2018, learned ASGI has taken instruction from the Central Bureau of Investigation. He submits that having due regard to the orders of this court, CBI is ready to take over the matter in public interest and in the interest of justice despite being overburdened due to investigation and conduct of large number of important cases including Chit Fund Scam, Fodder Scam cases. However, CBI may be permitted to initially register a preliminary inquiry to scrutinize the documents as they are spread across number of Departments of Central and State Government and further to delineate the role of individual officers and department. Learned ASGI has also made a request that SFIO may be directed to cooperate and hand over the necessary documents including the report for proper inquiry by the CBI.
22. We appreciate the stand of the CBI taken in larger public interest. In furtherance of the order dated 09.07.2018, the matter is handed over to the Central Bureau of Investigation for inquiry and investigation in accordance with law. It is open for the CBI to initially register a preliminary inquiry for coming to an opinion on the role of the individual officers / departments / agencies, etc. The SFIO is directed to cooperate with the CBI. CBI be allowed access to all or any of the documents in relation to the instant matter in custody of the SFIO. SFIO would hand over a copy of the report along with its annexures and two Compact Discs which were also submitted to this Court in sealed cover, for inquiry by the CBI. Director, SFIO should ensure that there is no delay in its facilitation. CBI is expected to conduct preliminary inquiry in a strict time frame.
3. National Highways Authority of India (NHAI) has filed an interlocutory application bearing no. 6613/2018 today seeking permission to terminate Concession Agreement with the Concessionaire on account of its default without following the prescribed procedure as per Agreement given the past conduct of the Concessionaire and sufferings of the public at large.
4. Learned Senior Counsel representing the Bank has sought time to obtain instruction on this application, so has the learned counsel for the Concessionaire. Two weeks' time, as prayed for, is allowed to both of them.
5. Registry has pointed out through office note to rectify the party position of the Respondents as one or the other parties have been impleaded from time to time pursuant to the orders of this court.
6. Accordingly, from the instant order onwards, let correct party position, as referred to in the office note at Flag-'X', be reflected.
7. Since the learned Amicus Curiae Mr. Delip Jerath has passed away, we appoint Mr. Ashutosh Anand and Mr. Nipun Bakshi, learned counsel practising in this court as Amicus Curiae to assist the court in the matter. Let their names be reflected in the cause list henceforth. Registry shall hand over copy of the entire order sheet of the case to the learned Amicus Curiae within a week. Learned Amicus Curiae are at liberty to inspect the records and make a request before the court for supply of the relevant necessary pleadings which would be considered on the next date.
8. Let the matter appear after two weeks on 09.08.2018 at 2.15. pm.
9. Let a copy of the order be handed over the learned ASGI.
(Aparesh Kumar Singh, J) (Anil Kumar Choudhary, J) Ranjeet/AKT.