Supreme Court - Daily Orders
Common Cause And Ors vs Union Of India And Ors. on 20 July, 2015
Bench: Madan B. Lokur, Kurian Joseph, A.K. Sikri
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ITEM NO.301 COURT NO.8 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
I.A.NO. 13 in Writ Petition(s)(Civil) No(s).463/2012
COMMON CAUSE & ORS. Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(for directions and office report)
Date : 20/07/2015 This application was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE A.K. SIKRI
For Petitioner(s)
Mr. Prashant Bhushan, AOR
Mr. Pranav Sachdeva, Adv.
Ms. Neha Rathi, Adv.
For Respondent(s)/
Applicant(s)
Mr. Mukul Rohatgi, AG
Mr. Ajay Sharma, Adv.
Ms. Menaka Guruswamy, Adv.
Ms. Meenakshi Grover, Adv.
Mr. Gaurav Sharma, Adv.
Mr. D. S. Mahra, AOR
Ms. Sushma Suri, Adv.
Mr. A. Saran, Sr. Adv.
Mr. Amit Anand Tiwari, AOR
Mr. Sanchit Guru, Adv.
Mr. Ashutosh Jha, Adv.
Mr. Abhinandan Banerjee, Adv.
Mr. Vikas Singh, Sr. Adv.
Signature Not Verified
Ms. Deepeika Kalia, Adv.
Digitally signed by
Sanjay Kumar
Date: 2015.07.21
Mr. Kapish Seth, Adv.
17:19:33 IST
Reason:
Mr. R.S. Cheema, Sr. Adv.
Ms. Tarannum Cheema, Adv.
Ms. Hiral Gupta, Adv.
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Ms. Kamini Jaiswal, AOR
Mr. Mishra Saurabh, AOR
Mr. D. Mahesh Babu, AOR
Mrs. Kirti Renu Mishra, AOR
Mr. Anip Sachthey, AOR
Mr. Saakaar Sardana, Adv.
Ms. Honey Wadhwa, Adv.
Mr. Tapesh Kumar Singh, AOR
Mr. Mohd. Waquas, Adv.
M/s. Khaitan & Co.
Mr. E. C. Agrawala, AOR
Mr. Braj Kishore Mishra, AOR
Ms. Aparna Jha, AOR
Mr. Ramendra Mohan Patnaik, AOR
Mr. Dinesh Kumar Garg, AOR
Mr. Abhishek Garg, Adv.
Mr. Rajender Singh, Adv.
Mrs. Shally Bhasin, AOR
Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
Mr. S. Udaya Kumar Sagar, Adv.
Mr. Krishna Kumar Singh, Adv.
Mr. Pawan Upadhyay, Adv.
Mr. Sarvjit Pratap Singh, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
I.A. No.13 in W.P.(C) No.463/2012 Learned Attorney General appearing for the Central Vigilance Commission (CVC) says that he has been in touch with Mr. M.L. Sharma, former Special Director, CBI and he has agreed to take up the assignment. He says that Mr. Sharma will require assistance in the task and it will take some time for him to suggest the names of some persons who can give him effective assistance in the matter.
The application is, therefore, adjourned to 10th August, 2015 at 2.00 p.m. to discuss the names and modalities of carrying out the task.
Note dated 06.04.2015 This Note dated 06.04.2015 pertains to the legal issues filed by the Central Bureau of Investigation (CBI).
The CBI has filed an FIR in respect of Regular Case (RC) No.3. When the RC was forwarded to the Court of the Special Judge, the learned Special Judge expressed his reservation in an order passed on 27th March, 2015 in accepting the FIR on the ground that the violation had taken place after the allocation of coal blocks to Government PSUs and, therefore, he perhaps had no 4 jurisdiction to look into the matter. It is in this context that the CBI has requested for a clarification.
We have gone through our order dated 18th July, 2014 in which we had requested Hon'ble the Chief Justice of Delhi High Court to nominate an officer of the Delhi Higher Judicial Service to deal with and exclusively try the offences pertaining to coal block allocation matters under the Indian Penal Code, 1860, the Prevention of Corruption Act, 1988, the Prevention of Money Laundering Act, 2002 and other allied offences.
Pursuant to our order dated 18th July, 2014, the Lt. Governor issued a notification dated 8th August, 2014 appointing Mr. Bharat Parashar, an officer of the Delhi Higher Judicial Service as a Special Judge to deal with and exclusively try the offences pertaining to coal block allocation matters.
In our opinion, the notification is wide enough to cover the statutes and offences under the statutes mentioned in our order dated 18th July, 2014 including allied statutes.
The notification read with our order dated 18th July, 2014 is wide enough to cover all issues arising out of the preliminary enquiries pending before the learned Special Judge, whether they relate to pre-allocation period or post-allocation period and whether they relate 5 to offences mentioned in our dated 18th July, 2014 or allied statutes. Accordingly, in our opinion, the learned Special Judge would have jurisdiction to deal with RC No.3 of 2014 filed before him by the CBI.
This disposes of the Note on legal issues dated 6th April, 2015.
Progress Report dated 30.06.2015 We have gone through the progress report in PE 219 2012 E 0002 and RCs arising out of it as on 30.06.2015 filed by the CBI. This Report pertains to allocation of coal blocks during 2006-2009.
It appears from the report that enquiries are pending in respect of the two companies. Today it is stated before us by Mr. Saran, learned senior counsel appearing on behalf of the CBI, that the enquiries are now complete and the report has been submitted to the senior officer on 7th July, 2015.
With regard to the RCs arising out of PE-2, it is stated that 15 RCs have been registered by the CBI on its own and 17 RCs have been registered on the recommendation of the Central Vigilance Commission. In respect of one company, some further clarifications have been requested from the Central Vigilance Commission (CVC).
With regard to the status of the RCs, it is stated that charge-sheet/closure report has been filed in 6 respect of 13 companies, while field enquiries have been completed in respect of 19 companies. Field enquiries are pending in respect of six companies. With regard to Preliminary Enquiry on missing documents pertaining to PE-2, it is stated that enquiry has been completed, but we are told that the matter is now pending with the CVC.
We request the CVC to look into the pending matters at the earliest and submit a report in this regard. With regard to the Letters Rogatory, no further orders are required to be passed, as these have already been considered earlier and appropriate orders passed. This disposes of the progress report dated 30.06.2015.
Report dated 10.07.2015 We have also gone through the ‘Note on progress in preliminary enquiries on regular cases’ filed on 10.07.2015.
PE 219 2012 E 0004 (allocation of coal blocks during 1993 to 2005) This covers 43 coal block allocations. Enquiry is pending in respect of two coal block allocations and it is expected to be completed within a period of one month. Mr. Saran says that his estimate is that it will take more than one month. We grant two months time for this purpose, not more. 7
Enquiry has been completed with regard to 41 coal blocks and 9 RCs have been registered in respect of 12 coal blocks. In respect of one coal block, FIR was registered in 2010, i.e., before the orders were passed by this Court.
With respect to 28 coal blocks, papers were sent to the CVC and on the basis of the report having been received from the CVC, 3 RCs have been registered in respect of 3 coal blocks and RCs are still to be registered in respect of two coal blocks. In respect of these, learned counsel for the CBI says that the CBI will be seeking further guidance from the CVC. These two coal blocks are in addition to the coal blocks mentioned in the report dated 30.06.2015 filed by the CBI.
There is no clarity with regard to the remaining 23 coal blocks. Mr. Saran says that he will file a separate progress report in respect of these 23 coal blocks.
PE 221 2013 E0006 relating to missing files has already been dealt with in respect of the progress report dated 30.06.2015.
PE 219 2012 E0002 (allocation of coal blocks during 2006-2009) This relates to 168 companies.
Out of these, enquiry has been completed in respect of 166 companies and the CVC report has already been obtained in respect of these 166 companies. The matter 8 relating to two companies (coal to liquid project) is pending at the supervisory level for a final decision. It is stated that 32 RCs have been registered. FIRs have been filed in 13 cases and charge-sheets have been filed in respect of 8 cases while closure reports have been filed in respect of 5 cases.
Investigation has been completed in 8 cases and they are pending appropriate action at the higher level. Letters Rogatory have been sent in two cases. Investigations are pending in 9 cases. It is stated by Mr. Saran that 5 of these were registered in 2015 while 4 were registered in 2014. The CBI is directed to expedite completion of the enquiry/investigation in respect of these 9 cases and submit a progress report. Over and above this, the CVC has recommended registration of RCs in 6 cases. In respect of 5 of them, RCs have already been registered and in respect of 1 of them, as mentioned above, guidance has been sought from the CVC.
PE 5 (allocations made on Government Dispensation Route) This pertains to 101 coal blocks.
Enquiries have been completed in respect of 89 coal blocks and 3 RCs have been registered pertaining to 8 coal blocks.
9In addition to the above, there was some jurisdictional doubt about one of the coal blocks, but that has been clarified by us today.
In respect of 80 coal blocks, no case has been made out. These were referred to the CVC and the CVC has concurred with the view of the CBI and the matter has been closed in respect of these 80 coal blocks. With regard to 7 coal blocks, the final decision is pending with the Head of Zone.
An enquiry with regard to 2 coal blocks has been delayed because the information was received somewhat late from the Government of Gujarat. Enquiry in respect of 3 coal blocks is pending.
The CBI is directed to complete the enquiry at the earliest and let us have the progress report on or before 17th September, 2015.
List W.P.(C) No.463 of 2012 with the reports filed by the CBI and the CVC on 21st September, 2015 at 2.00 p.m. 7th Progress Report dated 16.07.2015 This report filed by the Directorate of Enforcement pertains to the period from 04.02.2015 to 03.07.2015. 35 cases have been taken up for consideration by the Directorate of Enforcement based on 37 RCs registered by the CBI.
10Enforcement Case Information Report (ECIR) has been registered in respect of 34 cases and one case is pending investigation.
The Directorate of Enforcement has received 8 more RCs from the CBI in addition to the above and ECIR has been registered in 5 cases and while ECIR is likely to be registered in respect of 30 other cases. In other words, the total number of RCs received by the Directorate of Enforcement is 45 (37+8). It is stated that three provisional attachment orders have been issued.
A reading of the report indicates that summons issued by the Directorate of Enforcement could not be served in respect of some of the addressees. The Directorate of Enforcement should issue public notices, wherever necessary, at the earliest so that investigations are completed as soon as possible.
This disposes of the 7th Progress Report filed by the Directorate of Enforcement.
To come up for further consideration, the matter be listed on 21st September, 2015 at 2.00 p.m. (SANJAY KUMAR-I) (JASWINDER KAUR) COURT MASTER COURT MASTER