Supreme Court - Daily Orders
Common Cause And Ors vs Union Of India And Ors. on 12 October, 2015
Bench: Madan B. Lokur, Kurian Joseph, A.K. Sikri
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ITEM NO.302+304 COURT NO.9 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).463/2012
COMMON CAUSE & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(I.A. No.35 for directions, letter received from Shri M.L.Sharma,
Former Spl. Director, CBI, I.A. No.36 and office report)
Date : 12/10/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE A.K. SIKRI
For Petitioner(s)
Mr. Prashant Bhushan, AOR
Mr. Pranav Sachdeva, Adv.
For Respondent(s) Mr. Mukul Rohatgi, AG
Mr. Maninder Singh, ASG
Mr. Ajay Sharma, Adv.
Ms. Binu Tamta, Adv.
Mr. Gaurav Sharma, Adv.
Ms. Diksha Rai, Adv.
Mr. Rajiv Singh, Adv.
Mr. D. S. Mahra, AOR
Ms. Sushma Suri, AOR
Mr. A. Sharan, Sr. Adv.
Mr. Amit Anand Tiwari, AOR
Mr. Sanchit Guru, Adv.
Mr. Ashutosh Jha, Adv.
Mr. Abhinav Raghuvanshi, Adv.
Signature Not Verified
Mr. Vikas Singh, Sr. Adv.
Digitally signed by
Sanjay Kumar
Date: 2015.10.13
Mrs. Deepeika Kalia, Adv.
18:13:06 IST
Reason: Mr. Chandra Prakash, AOR
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Ms. Hemantika Wahi, AOR
Mr. Anip Sachthey, AOR
Mr. Braj Kishore Mishra, AOR
Mr. Devashish Bharuka, AOR
Mr. Dinesh Kumar Garg, AOR
Mr. D. Mahesh Babu, AOR
Mr. E.C. Agrawala, AOR
Mr. Mishra Saurabh, AOR
Mr. Ankit, Adv.
Mr. Ramendra Mohan Patnaik, AOR
Mrs. Kirti Renu Mishra, AOR
Mrs. Shally Bhasin, AOR
Mr. Tapesh Kumar Singh, AOR
Mr. Mohd. Waquas, Adv.
Mr. V. Shyamohan, AOR
Ms. Aparna Jha, AOR
M/s. Dua Associates
Ms. Kamini Jaiswal, AOR
M/s. Karanjawala & Co.
M/s. Khaitan & Co.
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UPON hearing the counsel the Court made the following
O R D E R
I.A. No.13 in W.P.(C) No.463/2012 (Letter received from Shri M.L. Sharma, Former Special Director, CBI) This matter is placed before us as a result of an order dated 5th October, 2015 passed by the Bench consisting of Hon'ble the Chief Justice and Hon'ble Mr. Justice Amitava Roy.
We have heard Mr. Vikas Singh, learned senior counsel appearing for Mr. Ranjit Sinha, former Director, CBI.
We find no reason to vary the earlier order passed by us on 30th September, 2015.
List the matter before the concerned Bench on Friday, 16th October, 2015 for appropriate orders in terms of the order dated 30th September, 2015. I.A. No.36 in W.P.(C) No.463/2012 On the request of the learned Attorney-General, list this application on 26th October, 2015 at 2.00 p.m. I.A. No.35 in W.P.(C) No.463/2012 We have heard learned counsel for the parties and have also gone through the written submissions given by 4 the Central Bureau of Investigation (CBI).
From the written submissions, it appears that the CBI has recovered certain documents, which have been detailed in the written submissions. We are not commenting whether these documents disclose any offence or not, since this is for the CBI to decide. But if an offence does appear to have been made out, though unrelated to the coal block allocation cases that we are dealing with, we expect the CBI to act on the information obtained from the documents and take appropriate necessary action in accordance with the law laid down by this Court and the provisions of the statutes, including the Code of Criminal Procedure. W.P.(C) No.463/2012
The 8th Status Report on Investigation in the Cases of Allocation of Captive Coal Blocks filed on 17th September, 2015 by the Directorate of Enforcement, the Observations of the CVC filed on 27/28.07.2015 and on 03.09.2015 will be taken up on 30th November, 2015 at 2.00 p.m. Note on Administrative Issues dated 21.09.2015 filed by CBI We have gone through the Note on Administrative Issues dated 21.09.2015 and have heard learned counsel for the parties.
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On a consideration of the material that is placed before us, we permit the lateral deputation under the Central Staffing Scheme of Shri P.V. Hari Krishna. On the same being accepted by the Department of Personnel and Training (DOPT), Shri P.V. Hari Krishna will stand disassociated with the coal inquiry/investigations which he has been conducting in respect of PE-4.
In his place, the officer mentioned in the Note will then be associated.
In the meanwhile, in anticipation of the approval by the DOPT, the officer may be associated with the inquiry/investigations in PE-4.
This disposes of the Note on Administrative Issues dated 21.09.2015 filed by the CBI.
Progress Report No.14 submitted on 17.09.2015 by CBI We have gone through the Progress Report given by the CBI, which is as follows:
(i) Preliminary Enquiry No.02/2012 dated 01.06.2012 This pertains to the coal block allocations between 2006 to 2009 to 168 companies for Ultra Mega Power Projects (UMPPs) and Coal to Liquid (CTL) Projects.
The enquiry has been finalized in respect of 166 of these companies. The report of the Central Vigilance Commission has also been received by the CBI in respect of 166 companies. However, with regard to two companies 6 relating to Coal to Liquid Projects, the matter is still pending and learned counsel for the CBI has stated that it will be attended to expeditiously. The CBI is directed to expedite this enquiry.
It is stated that 32 Regular Cases (RCs) have been registered as on 16.09.2015. Out of these, in respect of 8 RCs, charge-sheets have been filed and in respect of 5 RCs closure reports have been filed.
With regard to the remaining 19 RCs, investigations are complete in respect of 11 of them. Execution of Letters Rogatory are pending in respect of 2 RCs and 6 RCs are still pending investigations. The CBI should conclude these investigations at the earliest possible and in any case by 31st December, 2015 taking into consideration the fact that the investigations have been going on for a considerably prolonged period of time. The result of the 11 RCs should be placed on in a sealed cover in the next progress report.
(ii) Preliminary Enquiry No.04 dated 26.09.2012 This relates to investigations in respect of 43 coal block allocations made to private companies during 1993 to 2005.
It is stated that enquiries have been completed in respect of 41 coal block allocations. Of these, 9 RCs have been filed in respect of 12 coal blocks by the CBI 7 on its own and 3 RCs in respect of 7 coal blocks have been filed by the CBI on the directions of the Central Vigilance Commission (CVC). In respect of 2 RCs, the CBI has asked the CVC for further guidance. In other words, 12 RCs have actually been filed in respect of 15 coal blocks and guidance in respect of 2 RCs is pending with the CVC.
The CBI will give us a status report with regard to the remaining coal blocks in a sealed cover in the next progress report.
(iii) Preliminary Enquiry 05 dated 28.09.2012 This pertains to the coal block allocations made from 1995 to 2011. 101 coal blocks have been allocated to Government companies. Out of these, 26 coal blocks have been allocated to 11 Central Public Sector Undertakings exclusively or jointly with other Central PSUs/State PSUs/private companies. The remaining 75 coal blocks have been allocated to 30 PSUs of 19 State Governments.
The CBI has stated in its report that enquiry has been completed in respect of 98 coal block and the orders of the competent authority have been received in respect of 96 coal blocks. It is stated that 4 RCs have been registered in respect of 9 coal blocks (it is today stated that one more RC has been registered in respect 8 of 6 coal blocks).
In respect of the remaining 81 coal blocks, no case was made out and the matter was sent to the CVC which has accepted the view of the CBI and has allowed the matter to rest. However, in respect of one coal block, the report of the CVC is still awaited by the CBI.
In respect of the remaining 3 coal blocks (101-98), enquiries are still in progress. In respect of two coal blocks in which enquiries have been completed, the final orders of the competent authority are still awaited.
This disposes of the Progress Report No.14. The next progress report should be filed in the first week of January, 2016, by which time, we expect the CBI to conclude the investigations since a considerable time has already been taken in the investigations.
(SANJAY KUMAR-I) (JASWINDER KAUR) COURT MASTER COURT MASTER