Ramlakhan vs The State Of Madhya Pradesh Thr on 23 July, 2019
The Supreme Court in the case of Shahid Balwa Vs. Union of
India reported in (2014) 2 SCC 687 has held as under :
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Shahid Balwa vs U.O.I. & Ors on 3 September, 2013
Dalip Singh Rathore vs Himachal Pradesh Housing And Urban ... on 25 November, 2020
"16. When larger public interest is involved, it is the
responsibility of the Constitutional Court, to assure judicial
legitimacy and accountability. (See: Sahid Balwa vs. Union of
India and others, (2014) 2 SCC 687.
Sri.M.Chidananda Rao vs The State Of Karnataka on 26 February, 2021
7. At this stage, observation of the Hon'ble Supreme
Court in Shahid Balwa Vs. Union of India and Others,
(2014) 2 SCC 687, is required to be noticed,
"28. The Parliament, in its wisdom, has also
noticed the necessity of early disposal of cases
relating to bribery and corruption. Section 4(4) of the
Prevention of Corruption Act, 1988 reflects the will of
the Parliament that a Special Judge shall hold the
trial of an offence on day- to-day basis,
notwithstanding anything contained in the Code of
Criminal Procedure. Section 19(3)(c) also states that,
notwithstanding anything contained in the Code of
Criminal Procedure, no Court shall stay the
proceedings under the Prevention of Corruption
Act on any other ground and no Court shall exercise
the powers of the revision in relation to any
interlocutory order passed in any inquiry, trial,
appeal or other proceedings. Statutory provisions
highlight the imperative need to eradicate the evils of
bribery and corruption."
Sanjiv Rajendra Bhatt vs Union Of India . on 13 October, 2015
58. To constitute SIT, learned senior counsel has also relied upon Vineet
Narain & Ors. V. Union of India & Ors. [(1996) 2 SCC 199], Union of
India & Ors. V. Sushil Kumar Modi [(1998) 8 SCC 661], M.C. Mehta v.
Union of India [(2007) 1 SCC 110], Centre for Public Interest Litigation
& Ors. V. Union of India & Ors. [(2011) 1 SCC 560], Shahid Balwa v.
Union of India & Ors. [(2014) 2 SCC 687], Manoharlal Sharma v.
Principal Secretary & Ors. [(2014) 2 SCC 532].
Guru Nanak Vidya Bhandar Trust, ... vs State Of Punjab And Others on 18 October, 2023
In
the words of Supreme Court no offender can be left with the feeling
that he can get away with any crime which tarnishes the image not only
of the investigating agency but judicial system as well (Shahid Balwa
vs. Union of India (2014) 2 SCC 687.
Manohar Lal Sharma vs The Principle Secretary & Others on 17 December, 2013
Commission to inquire or cause inquiries to be conducted into offences
alleged to have been committed under the Prevention of Corruption Act, 1988
by certain categories of public servants of the Central Government,
corporations established by or under any Central Act, Government companies,
societies and local authorities owned or controlled by the Central
Government and for matters connected therewith or incidental thereto.
[7] Subramanian Swamy (Dr.) v. Director, CBI and Others; [(2005) 2 SCC
317]
[8] State of West Bengal and Others v. Committee for Protection of
Democratic Rights, West Bengal and
Others; [(2010) 3 SCC 571]
[9] Writ Petition (Civil) No. 548 of 2012; Shahid Balwa v. Union of
India and Ors.
Glenn Paul vs The State Of Madhya Pradesh on 5 November, 2014
62. Shri Tulsi then invited our attention to paragraph
25(d) of the return to contend that STF was under the Wings of
the State and was accountable to superiors in Police Headquarter
58
and Home Department. Similar argument has been considered
by the earlier Division Bench and negatived in paragraph 19
onwards and, in particular, paragraph 44 of the decision dated
16th April, 2014. The Court opined that the fact that STF is one
of the wing of the State Government, does not mean that it will
not investigate the cases independently and impartially or will
act on the instructions from higher-ups outside STF. Further,
even CBI was under control of the Union of India and not an
independent or autonomous Agency as such. So long as no
allegation is made about the inertia of any STF official, or of
having acted under political influence and taking instructions
from higher Authorities, it is too much to argue that STF will not
do its job well, as per law, especially when it is manned by high
ranking experienced IPS Officers and by far known to be
independent. Shri Tulsi had placed reliance on the dictum of the
Supreme Court in paragraph 29 and 30 in Shahid Balwa's case
(supra). Those observations have been made in the fact situation
of that case. Moreover, the doubts raised in the previous Public
Interest Litigations about the impartiality and integrity of the
STF has been considered threadbare and came to be negatived.
The petitioners in the present set of petitions have not been able
to point out any acts of commission and omission of the officers
59
of STF, that would raise doubt about their impartiality in
investigation of PMT VYAPAM examination scam cases.
Manoj Kumar Jha vs The State Of Jharkhand And Ors on 14 October, 2015
In support of his contention Mr. Rajesh Shankar has relied upon, para
23 of the judgment passed in Sahid Balwa Vs. Union of India reported in
(2014) 2 SCC 687 wherein it is held as under:-
Sanjiv Rajendra Bhatt vs Union Of India & Ors on 13 October, 2015
58. To constitute SIT, learned senior counsel has also relied upon Vineet
Narain & Ors. V. Union of India & Ors. [(1996) 2 SCC 199], Union of India &
Ors. V. Sushil Kumar Modi [(1998) 8 SCC 661], M.C. Mehta v. Union of India
[(2007) 1 SCC 110], Centre for Public Interest Litigation & Ors. V. Union
of India & Ors. [(2011) 1 SCC 560], Shahid Balwa v. Union of India & Ors.
[(2014) 2 SCC 687], Manoharlal Sharma v. Principal Secretary & Ors. [(2014)
2 SCC 532].
United Rwas Joint Action vs Union Of India And Ors on 30 October, 2015
K. Even in Shahid Balwa supra, CAG was held to be the most
important officer under the Constitution of India and his duty,
being the guardian of the public purse, is to see that not a
farthing of it is spent without the authority of the Parliament. It
was held that audit plays an important role in the scheme of
Parliamentary Financial Control and it is directed towards
discovering waste, extravagance and disallow any expenditure
violating the Constitution or any law.