TaxTMI 
TaxTMI 
2015 (5) TMI 1065
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.... the coal block allocation case investigations and prosecutions being carried out by the CBI and to recuse himself from these cases. (2) Direct an SIT appointed by the Hon'ble Court to investigate the abuse of authority committed by the CBI Director in order to scuttle inquires, investigations and prosecutions being carried out by the CBI in coal block allocation cases and other important cases. 2. In so far as the first prayer is concerned, since Mr. Ranjit Sinha, the Director, Central Bureau of Investigation (for short the CBI) has admittedly superannuated on or about 2nd December, 2014 the question of his recusal from investigations and prosecutions being carried out by the CBI in respect of cases arising out of what is now commonly known as the Coal Block Allocations case has become infructuous. We are, therefore, concerned only with the second prayer in the application. 3. The prayer in Crl. MP No.387/2015 filed by Mr. Ranjit Sinha is as follows: A. Direct the concerned Police Station to register an FIR against Mr. Prashant Bhushan, the Petitioner Association (i.e. Common Cause) and Mr. Kamal Kant Jaswal for making deliberate and intentional false statements on oath and ....
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....y the Director, C.B.I. on April 26, 2013 it is stated that the draft of the status report dated March 8, 2013 was shared with the Minister of Law & Justice as desired by him prior to its submission before this Court and it was also shared with Joint Secretary level officers each of the Prime Minister's Officer and Ministry of Coal as desired by them but nothing has been said in the affidavit whether or not changes were made in the draft report and, if yes, at whose instance and the extent of changes and whether besides the three persons mentioned in para 4 of the affidavit, the draft report was shared with any other person in that meeting. (iv) The names of the two officers one each of the Prime Minister's Office and Ministry of Coal referred to in para 4 of the affidavit. (v) xxxx xxxxx (vi) xxxx xxxxx" 9. It was directed that an affidavit giving the above information may be filed by the Director, CBI by 6th May, 2013 and the case was then adjourned to 8th May, 2013. As required, the Director, CBI filed a further affidavit in this regard on 6th May, 2013. 10. When the case was taken up on 8th May, 2013 Mr. Prashant Bhushan learned counsel for Common Cause made his submissi....
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.... is necessary to digress a bit and mention that in the 2G spectrum case, an application was filed by the petitioner therein being IA No. 73 of 2014 in which it was prayed as follows: "(i) Direct the CBI Director Shri Ranjit Sinha not to interfere in investigation and prosecution of the case relating to the 2G spectrum allocation being carried out by the CBI, and to recuse himself from the case. (ii) Pass further orders as may be deemed fit and proper." 16. An additional affidavit dated 5th September, 2014 was also filed in support of IA No. 73 of 2014 in which it was prayed that this Court should "order an SIT investigation into the gross abuse of authority committed by the CBI Director in trying to scuttle investigations and prosecutions being carried out by the CBI in 2G scam cases and other prominent cases..." 17. After an elaborate hearing, this Court passed an order in IA No. 73 of 2014 on 20th November, 2014 the relevant portion of which reads as follows: "To protect and preserve the sanctity and the fair name of the institution including the reputation of the Office of the Director of CBI, we are not deliberately giving out elaborate reasons. It would suffice for us ....
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.... to the 'entry register' relied upon by Mr. Prashant Bhushan it is stated that a copy thereof has not been supplied to the counsel for the CBI and in any case it is the subject matter of an enquiry before another Bench dealing with the 2G spectrum case. 20. The CBI also filed a note dated 20th February, 2015 in a sealed cover. In this note, the merits of the controversy relating to the Dardas are adverted to and the decisions taken by the CBI have been justified. It is also stated that the strength of the CBI lies in the multiple levels of supervision where each level is free and independent in expressing its views and recommendations. It is only after taking account of these views and recommendations that the competent authority passes a final order which then becomes the stand of the CBI. 21. With reference to the 'entry register' or the visitor's diary, it is stated that it has not been supplied to the CBI and it was not maintained by the CBI. It is submitted that since false statements have been made by Common Cause in respect of the case pertaining to the Dardas, the 'visitor's diary' must also be viewed with suspicion. 22. Our attention has also been drawn to the order dat....
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.... 27. It is noteworthy that Mr. Sinha does not deny that he met some accused persons in the Coal Block Allocation case without the investigating officer being present. Submissions and discussion 28. We heard Mr. Prashant Bhushan for Common Cause, Mr. Amarendra Saran, learned Senior Counsel for the CBI and Mr. Vikas Singh, learned Senior Counsel for Mr. Ranjit Sinha in considerable detail over a few days. 29. We are of the opinion that it is not at all necessary for us, nor is it advisable at this stage, to enter the thicket of allegations made by Common Cause with regard to the investigations relating to the Dardas or the alleged attempt by Mr. Ranjit Sinha to scuttle the investigations with regard to one or more of the accused persons in that case. What is of greater importance and what has caused us considerable concern is that neither Mr. Ranjit Sinha nor the CBI denies that Mr. Ranjit Sinha had met some persons, including the Dardas, who are accused of criminality in the Coal Block Allocations case without the investigating officer or the investigating team being present. 30. On the contrary, it is argued on behalf of Mr. Ranjit Sinha that it is his job to meet the accused ....
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....tion is expected to play balanced role in the trial of a crime. The investigation should be judicious, fair, transparent and expeditious to ensure compliance with the basic rule of law. These are the fundamental canons of our criminal jurisprudence and they are quite in conformity with the constitutional mandate contained in Articles 20 and 21 of the Constitution of India." 34. Similarly, in Manohar Lal Sharma (2014) 2 SCC 532 this Court observed that investigations have to be fair, impartial and uninfluenced by external influences. It is stated as follows: "A proper investigation into crime is one of the essentials of the criminal justice system and an integral facet of rule of law. The investigation by the police under the Code has to be fair, impartial and uninfluenced by external influences. Where investigation into crime is handled by CBI under the DSPE Act, the same principles apply and CBI as an investigating agency is supposed to discharge its responsibility with competence, promptness, fairness and uninfluenced and unhindered by external influences." 35. In the present case, the contention of the learned counsel appearing on behalf of Mr. Sinha is that there is nothing....
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....ill serve the larger public interest and will enable the CBI to take appropriate corrective and remedial measures. Either way, through an independent inquiry the CBI will be the beneficiary rather than the loser. 38. While opposing IA No. 13/2014 and supporting Crl. MP No. 387/2015 Mr. Vikas Singh relied upon Perumal v. Janaki (2014) 5 SCC 377 to contend that when a palpably false statement is made for extraneous reasons, it is an appropriate case for the exercise of jurisdiction under Section 195 of the Code of Criminal Procedure 1973 (for short the Code). 39. Similarly, reference was made to State of Madhya Pradesh v. Narmada Bachao Andolan & Anr. (2011) 7 SCC 639 where also this Court observed that it is a settled proposition of law that a false statement made in Court or in the pleadings to intentionally mislead the Court and to obtain a favourable order amounts to criminal contempt as it tends to impede the administration of justice. 40. On the other hand, Mr. Prashant Bhushan referred to Indirect Tax Practitioners Association v. R.K. Jain (2010) 8 SCC 281 with regard to the growing acceptance of the phenomenon of a whistle blower. This Court observed that the respondent in....