Supreme Court - Daily Orders
Jagdishprasad Mohanlal Joshi vs The State Of Maharashtra on 5 April, 2023
Bench: Krishna Murari, C.T. Ravikumar
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
Writ Petition (Criminal) No.91 of 2023
with
Interlocutory Application No. 48648/2023
and
Interlocutory Application No. 48652/2023
and
Interlocutory Application No. 60389/2023
Parminder Singh ... PETITIONER(S)
VERSUS
Union of India & Ors. ... RESPONDENT(S)
O R D E R
\ Through this Writ Petition, filed under Article 32 of the Constitution of India, the petitioner prayed for following reliefs:-
(A) Issue an appropriate writ, order or direction in the nature of mandamus or any other appropriate writ order(s) or direction(s) thereby directing the respondent no. 2 to permit home cooked food to the petitioner while in jail custody in F.I.R. No. 1 dated 05.01.2023 registered under Sections 409,420,465,467,468,471 and 120-B IPC and Sections 13(1) (A) and 13(2) of the Prevention of Corruption Act, 1988 (as amended in 2018) at Police Station Vigilance Bureau, Signature Not Verified Digitally signed by GEETA AHUJA F.S.-1, Punjab at Mohali;Date: 2023.04.06 15:24:31 IST Reason: 1
(B) Quash FIR (supra) as well as consequential proceedings including the petitioner’s illegal arrest and mechanical; patently routine remand orders confining him to custody;
(C) Pass any other or further orders which Your Lordships may deem fit and proper in the interest of justice.
2. Vide order dated 13.03.2023, the petitioner was permitted to make an application seeking amendment of the pleadings including the grounds and prayers. The following reliefs have been claimed in the amended Writ Petition:-
(A) Direct respondent no. 2 to permit home cooked food to the petitioner while in jail custody in F.I.R. No. 1 dated 05.01.2023 registered under Sections 409,420,465, 467,468,471 and 120-B IPC and Sections 13(1)(A) and 13(2) of the Prevention of Corruption Act, 1988 (as amended in 2018) at Police Station Vigilance Bureau, F.S.-1, Punjab at Mohali;
(B) Quash FIR No. 1 dated 05.01.2023 registered under Sections 409,420,465, 467,468,471 and 120-B IPC and Sections 13(1)(A) and 13(2) of the Prevention of Corruption Act, 1988 by Vigilance Bureau (Annexure P-16) and all consequential proceedings arising therefrom including the arrest of the petitioner vide as well as remand orders (Annexures P-15 and P-16) passed by the Court sending the petitioner to Police/Judicial Custody, 2 as the entire proceedings are contrary to the settled tenets of Criminal jurisprudence;
(C) Without prejudiced to the Prayer B(Supra) and in the alternative as well as supplement thereto, this Hon’ble Court may be pleased to entrust the investigation arising out of FIR No. 1 dated 05.01.2023 registered under Sections 409,420,465, 467,468,471 and 120-B IPC and Sections 13(1)(A) and 13(2) of the Prevention of Corruption Act, 1988 by Vigilance Bureau (Annexure P-16) to the Central Bureau of Investigation as no free, fair or impartial investigation can be expected from Punjab Police;
(D) Pass any further order(s) or directions(s) that this Hon’ble Court may deem fit in the peculiar facts and circumstances of this case.
3. We have heard learned counsel for the parties.
4. Insofar as, relief ‘A’ is concerned, in the facts and circumstances of the present case, we are not inclined to entertain the petition for the said relief. Hence, the Writ Petition for the said relief stands dismissed.
5. In order to consider the rest of the reliefs claimed in the Writ Petition, it may be relevant to advert to the background facts which in a nutshell can be summarized as under
:-3
On 30.07.1984, a Free Hold Industrial Plot in Phase IX, S.A.S. Nagar, Mohali measuring about 25 Acres was allotted by PSIDC to one Punjab Anand Lamp Industries Limited. On 04.06.1986, a Conveyance Deed was entered into between the Governor of Punjab and PSIDC Ltd. On 22.05.1987, formal sale deed was registered.
Subsequently, on 24.10.2002, by virtue of the orders of the High Court, the assets of Punjab Anand Lamp Industries Ltd., including the plot in question was amalgamated with Philips India Limited under a scheme of amalgamation. Thereafter on 27.01.2016, under the orders of the Calcutta High Court approving a scheme of demerger, the plot in question was transferred from Philips India Limited to another company Philips Lighting India Limited, the name whereof was subsequently changed to Signify Innovations India Limited. In accordance with the policy of the Punjab Government issued vide notifications dated 21.12.2017 and 12.09.2018, conferring PSIEC full rights to amend the terms and conditions of the allotment in industrial areas for its development, transfer, maintenance, etc. and also the bifurcation of industrial plots of 1000 sq. mt. and above. PSIDC granted NOC on 17.11.2020, for sale of the plot in question in favour of Gulmohar Township. The said sale deed came to be registered on 25.02.2021. After completing the formalities and on payment of the requisite fee amounting to Rs.12.10 Lakhs, the plot in question stood transferred in the name of Gulmohar. The said Gulmohar applied to the PSIEC seeking bifurcation of the plot into smaller plots and after 4 fulfilling all the requisite conditions, the permission was granted on 24.03.2021.
6. To cut the long story short, even though the entire formalities were completed in accordance with the procedure and policy prescribed by the Government, certain allegations were levelled against the officials of PSIEC with respect to the transaction of sale and purchase of the plot in question which led to the Constitution of a Departmental Committee which after an inquiry submitted a report in October, 2021 that the allegations were false and baseless.
7. After about one year of the submitting of the report by the Departmental Inquiry, a Vigilance Inquiry was initiated over the same allegations.
8. It is specifically pleaded that despite response of the Ministry of Industries to the query of the Vigilance Bureau that none of the allegations carry any substance as permission to bifurcate the plot in question and transfer was perfectly in accordance with the prevailing policy under which several similar permissions have been granted all over the State. It is also pleaded that without obtaining the mandatory previous approval as required under Section 17A of the Prevention of Corruption Act, 1988, the impugned FIR was registered and the petitioner along with certain other co-accused were arrested and some others alleged to be involved were apprehending arrest.
59. We also find from the pleadings that because of the harassment and alleged false implications, a contingent of Senior IAS Officers met the then Chief Minister of the State who after looking into the matter directed the Chief Secretary of the State to call for the records from Vigilance Bureau and ascertain about the adherence to the procedural requirements. A communication is alleged to be sent by Secretary Vigilance to the Chief Director, Vigilance Bureau as to comply with the mandate of Section 17A of the Prevention of Corruption Act,1988 and not to indulge in colourable interpretation of facts. However, nothing appears to have been done in the matter.
10. In the background of the above facts, the petitioner has sought for quashing of the FIR and expressing apprehension with respect to fair investigation has also sought a prayer to transfer the investigation to be carried out by Central Bureau of Investigation or some other fair and impartial investigating agency.
11. The above facts do prima-facie make out a case for interference but looking into the fact that various factual aspects require consideration in depth, we deem it appropriate to relegate the petitioner or any other person who may be aggrieved in this regard to approach the High Court invoking its extra-ordinary jurisdiction conferred by Article 226 of the Constitution of India read with Section 482 Cr.P.C.
612. We further request the High Court that in case any such petition is filed to take up the same for hearing and disposal including a prayer, if any, made for interim relief, in accordance with law expeditiously.
13. Considering the peculiar facts and circumstances of this case, we further direct that all further proceedings arising out of and emanating from the impugned FIR as well as coercive actions shall remain stayed for a period of four weeks from today. The extension of the interim relief granted by us or any other interim relief which may be warranted in the facts and circumstances of the case may be sought from the High Court, in case the aggrieved parties decide to approach the High Court.
14. The Writ Petition, accordingly, stands disposed of in the above terms.
15. Pending application(s), if any, shall also stand disposed of.
…...................J. (KRISHNA MURARI) .....................J. (C.T. RAVIKUMAR) NEW DELHI;
05TH April, 2023
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ITEM NO.65 COURT NO.13 SECTION X
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)(Criminal) No(s). 52/2023
JAGDISHPRASAD MOHANLAL JOSHI Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ORS. Respondent(s)
([ONLY W.P.(Crl.) No. 91/2023 IS LISTED UNDER THIS ITEM.] IA No. 32716/2023 - GRANT OF INTERIM RELIEF) WITH W.P.(Crl.) No. 91/2023 (X) (FOR FOR GRANT OF INTERIM RELIEF ON IA 48648/2023 FOR INTERIM BAIL ON IA 48652/2023 IA No. 48648/2023 - GRANT OF INTERIM RELIEF IA No. 48652/2023 - INTERIM BAIL) Date : 05-04-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Vikram Chaudhri, Sr. Adv.
Mr. Raktim Gogoi, ADv.
Mr. Rishi Sehgal, Adv.
Ms. Prabhneer Swan, Adv.
Mr. Kartikeya Singh, Adv.
Mr. Keshavam Chaudhri, ADv.
Mr. Arveen Sekhon, Adv.
Ms. Hargun Sandhu, Adv.
Mr. Shivam Pal Sharma, ADv.
Ms. Jigyasa Sharma, ADv.
Mr. Nikilesh Ramachandran, AOR Ms. Anzu. K. Varkey, AOR For Respondent(s) Mr. Nitin Lonkar, Adv.
Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR 8 Ms. Sonali Suryawanshi, ADv.
Mr. Bharat Bagla, Adv.
Mr. Sourav Singh, Adv.
Mr. K.M. Nataraj, Ld. ASG Ms. Ranjana Narayan, Adv.
Mr. Shailesh Madiyal, Adv.
Ms. Deepabali Dutta, ADv.
Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R ITEM 65.1- W.P.(Crl.) No. 91/2023 with IA Nos. 48648/2023, 48652/2023 & 60389/2023 The Order inter-alia reads as under:-
Considering the peculiar facts and circumstances of this case, we further direct that all further proceedings arising out of and emanating from the impugned FIR as well as coercive actions shall remain stayed for a period of four weeks from today. The extension of the interim relief granted by us or any other interim relief which may be warranted in the facts and circumstances of the case may be sought from the High Court, in case the aggrieved parties decide to approach the High Court.
The Writ Petition, accordingly, stands disposed of in the above terms.
Pending application(s), if any, shall also stand disposed of.
(SONIA GULATI) (BEENA JOLLY)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(Signed order is placed on the file)
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