Jharkhand High Court
Chandra Kaka Devi & Ors vs State Of Jharkhand & Anr on 13 February, 2012
Author: R.R. Prasad
Bench: R.R.Prasad
In the High Court of Jharhand at Ranchi
Cr. M. P. No. 1501 of 2011
Jagdish Sharma ...................................Petitioner
VERSUS
C. B. I........................................... Opposite Party
CORAM: HON'BLE MR. JUSTICE R.R.PRASAD
For the Petitioner : M/s.R.S.Majumdar, Sr. Advocate
and Abhay Prakash, Advocate
For the C.B.I : Mr. M. Khan
4/ 13.2.12. Heard learned counsel appearing for the petitioner and learned counsel appearing for the C.B.I. This application is directed against the order dated 25.1.2002 passed in R.C.No.34(A) of 1996 by the Special Judge, Ranchi whereby prayer made on behalf of the petitioner for calling for certain documents from the Legislative Assembly, Bihar has been refused.
Learned counsel appearing for the petitioner submits that this petitioner, who at the relevant point of time was the Chairman of the Public Accounts Committee, Legislative Assembly, Bihar has been made an accused in fodder scam case on the ground that the petitioner did not allow the personnel of vigilance to make enquiry with respect to proceeding relating to fodder scam and that the petitioner was obliged by the other accused persons while he was making enquiry in the field. Defence which the petitioenr has taken in course of trial is that the petitioner has not committed any overt act in the matter of putting hindrance to the personnel of the vigilance who had approached for making enquiry and further that the petitioner had never been obliged by any of the accused persons while he was making enquiry in the field and in support of his defence, certain documents were sought to be called for but that petition was rejected, vide order dated 11.8.2011 on the ground that those documents are privileged documents. Learned counsel by referring to a decision rendered in a case of Amarinder Singh vs. Special Committee, Punjab Vidhan Sabha and others [(2010) 6 SCC 113] submitted that when a judicature is not prevented from scrutinizing the validity of the action of the legislature trespassing on the fundamental rights or the constitutional provisions the documents of the Legislative Assembly can easily be called for.
In the case referred to above, certain guidelines were laid down for judicial scrutiny of the exercise of legislative privileges. If that can be done there does not appear to be any bar in calling for the document from the legislative assembly if those documents are relevant.
Under the circumstances, the court seems to have failed to exercise its jurisdiction. Accordingly, that part of the order dated 25.1.2002 by which the court refused to call for the documents from the Legislative Assembly, Bihar was rejected is hereby set aside.
Consequently, the petitioner would be at liberty to file an application for calling for the documents which in the context of the issue involved are considered tobe relevant. On filing such application, the court will examine its relevancy in accordance with law and on being satisfied over the documents being relevant only then he may pass an order and to expedite the matter even Dasti summon can be issued.
Thus, this application is disposed of.
( R.R. Prasad, J.) ND/