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Manohar Lal Sharma Advocate vs U.O.I. on 15 July, 2016

Bench: Dipak Misra, C. Nagappan

      ITEM NO.1                               COURT NO.4                      SECTION PIL(W)

                                     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).    71/2016

      MANOHAR LAL SHARMA ADVOCATE                                               Petitioner(s)

                                                       VERSUS

      U.O.I. AND ANR.                                                           Respondent(s)


      (with appln. (s) for permission to appear and argue in person and
      office report)


      Date : 15/07/2016 This petition was called on for hearing today.

      CORAM :                  HON'BLE MR. JUSTICE DIPAK MISRA
                               HON'BLE MR. JUSTICE C. NAGAPPAN

      For Petitioner(s)                  Petitioner-in-person
                                         Ms. Suman, Adv.


      For Respondent(s)                  Mr. Ranjit Kumar, SG
                                         Mr. P.K. Mullick, Adv.

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

Heard Mr. Manohar Lal Sharma, the petitioner-in-person and Mr. Ranjit Kumar, learned Solicitor General appearing for the Union of India.

Mr. Ranjit Kumar, learned Solicitor General raised a preliminary objection with regard to the allegations made in paragraph 4, especially, the last line of the said paragraph. On a perusal of the same, we find that it is contrary to the concept of principles of drafting and also callous in nature. In view of the aforesaid, the said line stands deleted.

Needless to say, the Digitally signed by GULSHAN KUMAR ARORA petitioner had no business to make such assertions in the petition. Date: 2016.07.16 11:27:10 IST Reason:

Coming to the case at hand, the petitioner in this petition, has prayed for the following reliefs :

“1) to issue writ of mandamus/direction to the respondent no.2 to register a F.I.R. and conduct investigation against the Indian persons/officials, involved/disclosed in chopper scam in the judgment dated 7.4.2016 passed by the Hon'ble Court of appeal of Milan, section-II Criminal no.4122/15 R.G.A. at Italy, and to file their report before this hon'ble Court for further action in accordance of law in the interest of justice. AND

2) Be further pleased to appoint a special investigation team (SIT)/CVC investigation team for inquiry and action under supervision of this Hon'ble Supreme Court in the interest of justice.” It is submitted by Mr. Ranjit Kumar, learned Solicitor General that prior to filing of the writ petition, an F.I.R has been registered on 12.3.2013 and a Special Investigation Team (SIT) has already been constituted in 2016 for investigating into the allegations pertaining to purchase of Augusta Westland helicopters.

Additionally, it is submitted by Mr. Ranjit Kumar that the SIT is taking all steps to file the charge sheet in course of this year against all the accused persons.

In view of the aforesaid, as presently advised, we do not intend to keep this writ petition pending.

If the petitioner has any grievance that anyone, who should have been made an accused, has been left out by the SIT, he would be at liberty to invoke the jurisdiction of this court. Needless to emphasise, it should not be done only on oral assertions but some materials brought on record.

The writ petition is accordingly disposed of. There shall be no order as to costs.

       (Gulshan Kumar Arora)                                 (H.S. Parasher)
           Court Master                                        Court Master