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Supreme Court - Daily Orders

Center For Public Interest Litigation vs Union Of India Department Of ... on 16 December, 2016

Bench: Jagdish Singh Khehar, Arun Mishra

     C.A.No.10660/2010                           1

     ITEM NO.72                          COURT NO.2                 SECTION XIV

                               S U P R E M E C O U R T O F      I N D I A
                                       RECORD OF PROCEEDINGS

                                   Civil Appeal No(s).10660/2010

     CENTER FOR PIL & ORS.                                           Appellant(s)

                                                VERSUS

     UNION OF INDIA & ORS.                                           Respondent(s)

     (With appln.(s) for clarification and directions on behalf of
     C.B.I.and impleadment as party respondent and inquiry under Section
     340 of Cr.P.C. and interim directions and intervention and office
     report)

     Date : 16/12/2016 This appeal was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
                         HON'BLE MR. JUSTICE ARUN MISHRA

     For Appellant(s)               Mr. Prashant Bhushan, Adv.
                                    Mr.Pranav Sachdeva, Adv.
                                    Ms.Neha Rathi, Adv.

     For Respondent(s)              Mr.Anand Grover, Sr.Adv.
                                    Mr.Mihir Samson, Adv.
                                    Mr.Chitralekha Das, Adv.

                                    Mr.Saurabh Ajay Gupta, AAG
                                    Mr.Nishant Bishnoi, Adv.

                                    Mr. S. K. Verma, Adv.

                                    Mr. Santosh Kumar Tripathi, Adv.

                                    Mr. Abhinav Mukerji, Adv.

                                    Mr.Rajiv Nanda, Adv.
                                    Mr.Santosh Kumar, Adv.
                                    Mr.Tushar Bakshi, Adv.
                                    Mr.Rajesh Ranjan, Adv.
                                    Mr.Mukesh Kumar Maroria, Adv.
Signature Not Verified
                                    Mr.G.S.Makkar, Adv.
Digitally signed by
SATISH KUMAR YADAV
Date: 2016.12.19
14:16:02 TLT
Reason:
                                    Mr.Manoj Singh, Adv.
                                    Mr.B.K.Prasad, Adv.

                                     Mr. Shreekant N. Terdal, Adv.
C.A.No.10660/2010               2


                    Mr. D. S. Mahra, Adv.(NP)

                    Mr. Vishwajit Singh, Adv.

                    Mr. Chandra Prakash, Adv.

                    Mr. Arvind Kumar Sharma, Adv.

                    Mr.Arijit Prasad, Adv.
                    Ms.Sadhna Sandhu, Adv.
                    Mr.T.A.Khan, Adv.
                    Mrs. Anil Katiyar, Adv.

                    Mr. E. C. Agrawala, Adv.

                    M/s Suresh A. Shroff & Co., Adv.

                    Ms.Manali Singhal, Adv.
                    Mr. Abhijat P. Medh, Adv.

                    Ms. Niranjana Singh, Adv.

                    Mr. Navin Chawla, Adv.

                    Mr. Anupam Lal Das, Adv.

                    Applicant-in-person

                    Mr. Dharmendra Kumar Sinha, Adv.

                    Mr. Gaurav Kejriwal, Adv.

                    Ms. S. Ramamani, Adv.

                    Mr. Abhinav Mukerji, Adv.

                    M/s. Karanjawala & Co., Adv.

                    Mr. Siddharth Singla, Adv.

                    Mr. Devvrat, Adv.

                    Mr. Kaushik Poddar, Adv.
                    Mr.Gopal Jha, Adv.
                    Mr.Aditya Sharma, Adv.
                    Mr.Gautam Singh, Adv.
                    Ms.Priya Mishra, Adv.
C.A.No.10660/2010                              3

     Upon hearing the counsel the Court made the following
                                 O R D E R

1. I.A.No.78 of 2016 is taken on board.

2. On an oral request made by Dr.Subramanian Swamy, the applicant-in-person, post I.A.No.78 of 2016 on 06.01.2017. I.A.No.81 of 2016 in C.A.No.10660 of 2010

3. Through the instant I.A., a prayer has been made on behalf of the CBI, that Mr. Sanjiv Gautam be permitted to be relieved from the 2G Spectrum Scam Cases. It is submitted, that Mr. Sanjiv Gautam is a first and second level supervisory officer, and does not have any direct role with the specially assigned investigating officers, in the 2G Spectrum Scam Cases. It is also submitted, that his tenure of deputation has come to an end, and he has to rejoin his parent cadre.

4. We find the prayer made on behalf of the CBI is justified. I.A.No.81 of 2016 is accordingly allowed. The CBI is permitted to relieve Mr. Sanjiv Gautam, so as to enable him to join his parent cadre, on the completion of his tenure on deputation with the CBI.

I.A.No.82 of 2016 in C.A.No.10660 of 2010

5. A report has been handed over to us today, in a sealed cover, on behalf of the Special Public Prosecutor 2G Spectrum Scam Cases. The same is taken on record. It shall be kept in safe custody, under the control of the Secretary General of the Supreme Court of India.

6. Issue notice to the CBI, as well as, to the Enforcement Directorate. Mr.Anand Grover, Special Public Prosecutor, accepts C.A.No.10660/2010 4 notice on behalf of the CBI, as also, the Enforcement Directorate. He seeks a short adjournment, so as to enable him to file a short affidavit in response.

7. Prayer is allowed.

8. Short affidavit be filed within two weeks from today.

9. Post for hearing on 06.01.2017.

(SATISH KUMAR YADAV)                              (RENUKA SADANA)
     AR-CUM-PS                                  ASSISTANT REGISTRAR