Jharkhand High Court
Rajiv Ranjan Singh ? Lalan Kr. vs Union Of India & Ors on 19 September, 2013
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari, P.P.Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C.W.J.C.(DB) No.293 of 2001
Rajiv Ranjan Singh @ Lalan Kumar Singh .... Petitioner
Versus
Union of India & Ors. ...Respondents
Coram : The Hon'ble Mr. Justice Narendra Nath Tiwari
The Hon'ble Mr. Justice P.P.Bhatt
For the Petitioner : M/s. Manoj Tandon & S.S.Kumar, Advocates
For the CBI : Mr. M.A.Khan, ASGI
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92/19.09.2013Status Report in respect of nine numbers of pending Fodder Scam Cases has been submitted by the CBI.
After going through the report, we find that there is some progress in R.C.Case no. 54(A)/96-PAT and R.C.Case no.20(A)/96-PAT.
According to the report, in R.C. Case no.54(A)/96-PAT, the prayer for recall of prosecution witness was allowed by the Court below. Thereafter, summons was issued to the witnesses and the same has been now served. The case is expected to be closed after examination of the said witness on recall.
R.C.Case No.20(A)/96-PAT has come to the concluding stage. Argument of both side is closed and the case is posted for judgment.
Re: R.C.Case No.68(A)/96-PAT, it has been said that out of 18 witnesses only two witnesses have been examined and the next date fixed for evidence is 18.10.2013. It has been said that I.O. is being examined in R.C. Case No.38(A)/96-PAT.
However, it is not made clear as to what is the difficulty in producing the other P.Ws. and why they could not be examined so far.
Re: R.C.Case No.48(A)/96-PAT, it has been said that witness is being examined on day to day basis, but only one witness has been examined till date.
Same is the position in R.C.Case No.38(A)/96-PAT, R.C.Case No.45(A)/96-PAT and 64(A)/96-PAT.
On the last date, while examining the earlier progress reports, this Court had expressed serious concern on the slow progress in some of the aforesaid cases. It was observed that the report always gives number of witnesses already examined, but it remains silent about the .2.
steps to be taken for expediting disposal of the cases, pending for years together.
Mr. Khan, learned counsel, appearing on behalf of CBI, assurred that the next time CBI will come with more progress and also with the action plan for dealing with the cases in which large number of witnesses are yet to be examined. Though it has been said that the hearing of the cases is going on day to day basis except some of the cases-which are at the argument stage, no serious endeavour has been made for expediting disposal of the cases.
In course of hearing, learned counsel for the petitioner informed that when examination and cross-examination of one witness is completed and the witness is discharged, then the step for issuing summons to next witnesses is taken. That process further delays the progress. If the next witness(s) is/are readily available for examination just after discharge of one witness, it would reduce the delay in bringing the witnesses for examination. But no step has been taken so far to prepare and proceed with the cases in that perspective. It appears that the cases of that enormity, in which there are hundreds of witnesses and thousands of documents, are being dealt with like usual cases.
In our opinion, Special Cell of experts is required to be constituted to prepare a strategic plan to expedite the cases which are pending since long. The Cell would exclusively deal with the AHD scam cases and prepare an action plan to minimize delay in producing the witnesses proving voluminous documents, plan cases for day to day hearing and take the required steps so that the cases be disposed of in certain time frame.
Mr. Khan, learned counsel, appearing on behalf of the CBI, submitted that to some extent they have undertaken that exercise and shall also take help of the experts in dealing with such high profile and voluminous cases and would be able to expedite the examination of witnesses and conclude the evidence. Learned counsel for that purpose prays for six weeks' time.
With the hope of getting meaningful progress report .3.
next time, we allow sufficient time to the CBI, as prayed for.
Put up this case on 26th November,2013.
Let a copy of this order be handed over to learned counsel for the parties.
( Narendra Nath Tiwari, J.) ( P.P.Bhatt, J.) s.b./4 c.p.