Jharkhand High Court
Rajiv Ranjan Singh ? Lalan Kr. vs Union Of India & Ors on 19 August, 2013
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari, P.P. Bhatt
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IN THE HIGH COURT OF JHARKHAND AT RANCHI.
C.W.J.C. No. 293 of 2001
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Rajiv Ranjan Singh @ Lalan Kumar Singh ... Petitioner
-V e r s u s-
Union of India & Ors. ... Respondents.
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CORAM: - HON'BLE MR. JUSTICE NARENDRA NATH TIWARI.
HON'BLE MR. JUSTICE P.P. BHATT.
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For the Petitioner : - Mr. Manoj Tandon, Amicus Curiae.
For the C.B.I. : - Mr. Md. M. Khan, A.S.G.I.
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91/19.08.2013Perused the progress report submitted by the Central Bureau of Investigation in respect of the progress of 10 nos. of 'Fodder Scam Cases'.
After going through the report, we are not satisfied with the progress in some of the cases.
In R.C. Case No.47(A)/96-PAT, only 360 witnesses have been examined by the prosecution till date and 336 witnesses are yet to be examined. According to learned counsel for the C.B.I., the trial started in the year 2004. Since thereafter about nine years have passed. At this progress rate, evidence of remaining 336 witnesses would consume numbers of years. The report does not say anything regarding the steps to be taken or planned to expedite and complete the trial in the case.
Mr. Khan appearing on behalf of the C.B.I. submitted that the officers are scrutinizing the record and they would explore the ways and means for expeditious completion of the trial of the case, including possible reduction of number of witnesses on the same point, avoiding examination of more than one formal witness to prove a particular document or the witnesses whose evidence is not of much consequence for the case. They would also see as to how more number of witnesses are examined in lesser period.
In R.C. Case No. 68(A)/96-PAT only two witnesses have been produced so far and 18 P.Ws. are yet to be examined. No reason has been shown for such slow pace of producing and examining witnesses.
Same is the case with R.C. Case No. 48(A)/96-PAT. However, reason has been explained, stating that the proceeding of the case was stayed for some time in a Revision filed in this Court which is now disposed of. Secondly the Presiding Officer of the Court was transferred and there was delay on that count, as well. It has been assured that they will make all efforts to expedite the case.
2Regarding R.C. Case No. 54(A)/96-PAT, it has been said that the prosecution case was closed, but one P.W. has been recalled for further examination. That case will be closed after examination of that witness.
It has been stated that R.C. Case No. 20(A)/96-PAT was at the final stage but the proceeding was stayed by the Hon'ble Supreme Court. The order has been now vacated. The case is at the argument stage and is likely to be concluded by the end of the next month.
Re : R.C. Case No. 38(A)/96-PAT, it has been said that the case is at the concluding stage. 231 witnesses including the I.O. have been already examined.
Re : R.C. Case No. 45(A)/96-PAT, it has been said that 193 P.Ws. have so far been examined. Three more prosecution witnesses are to be examined and summons had been sent to the witnesses. When these witnesses did not turn up, step for issuing bailable warrant has been taken to get their attendance.
Re : R.C. Case No. 64(A)/96-PAT, the report says that the case is at the stage of conclusion and only two P.Ws. remain to be examined.
Re : R.C. Case No. 34(A)/96-PAT, it has been stated that the case is fixed for argument and is at the concluding stage.
Mr. Manoj Tandon, learned Amicus Curiae appearing in this matter submitted that the progress is very slow and the C.B.I. has not taken effective steps for expeditious production and examination of the witnesses in some of the cases, in spite of the several orders of this Court.
After going through the report, we find substance in his submission. Though the report gives details of witnesses already examined in the cases, nothing has been said about the steps taken or proposed for ensuring expeditious conclusion of the cases pending for years. Special courts have been provided for the expeditious trial of those cases but the objective could not be achieved so far.
Mr. Khan, learned counsel appearing on behalf of the C.B.I. assured that all efforts shall be made to expedite production and examination of the remaining witnesses and progress report shall be submitted in this Court.
Learned counsel prays for four weeks time for that purpose. Time, as prayed for is allowed.
Put up this case on 19th September, 2013.
The courts concerned are also directed to hear the cases on day to 3 day basis, without granting unnecessary adjournments to any party, except under the compelling circumstance and for special reason to be recorded.
Let a copy of this order be handed over to learned Amicus Curiae and learned counsel appearing on behalf of the C.B.I. The order shall be also communicated to all learned special courts, where the aforementioned cases are pending.
(Narendra Nath Tiwari, J) (P.P. Bhatt, J.) APK