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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

I.A.NO. 13 OF 2014

IN     

WRIT PETITION (CIVIL) NO. 463 OF 2012

Common Cause & Ors.             …..Petitioners

vs.

Union of India & Ors.                                 …..Respondents  

J U D G M E N T  

Madan B. Lokur, J.

1.  In  our  order  dated  14th May,  2015  we  had  held  that  it  was

completely  inappropriate  for  Mr.  Ranjit  Sinha  (then  Director  of  the

Central Bureau of Investigation or CBI) to have met persons accused in

the coal  block allocation cases without  the investigating officer  being

present or without the investigating team being present.  We were also of

opinion that in view of this, it would be necessary to enquire whether any

one or more such meetings that Mr. Sinha had with the accused persons

had any impact on the investigations and subsequent charge–sheets or

closure reports filed by the CBI.              I.A. No. 13/2014 in WP (C) No.463/2012                             Page 1 of 4

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2. We  had  requested  assistance  from  the  Central  Vigilance

Commission in this regard and during the pendency of the proceedings,

we had also appointed a Committee headed by Mr. M.L. Sharma, IPS

(Retired), former Special Director CBI and former Central Information

Commissioner to look into the allegations and give us a report.

3. Mr. Sharma submitted a report on 4th March, 2016, a copy of which

was  handed  over  to  the  learned  Attorney  General  with  a  request  to

consider the report and assist us as to the further course of action.

4. Thereafter, we heard the submissions of  all  the learned counsel

including Mr. Vikas Singh appearing on behalf of Mr. Ranjit Sinha.

5. We have perused the detailed report given by Mr. M.L. Sharma and

express our gratitude to him for the invaluable assistance rendered by

him and his  team.  We would not  like to  make any comment  on the

contents of the report but on a careful perusal  thereof, we do think it

necessary to accept the second prayer made in the I.A. which is to the

following effect :-

“Direct  an  SIT  appointed  by  this  Hon’ble  Court  to investigate  the  abuse  of  authority  committed  by  the  CBI Director  in  order  to  scuttle  enquiries,  investigations  and prosecutions  being  carried  out  by  the  CBI  in  coal  block allocation cases and other important cases”.

6. We  have  considered  the  issue  whether  an  outside  body  of

investigators  should  be  appointed  as  the  Special  Investigating  Team.

            I.A. No. 13/2014 in WP (C) No.463/2012                             Page 2 of 4

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However, in our considered opinion, since there has been a change of

guard  in  the  CBI,  we  would  continue  to  repose  our  faith  in  the

impartiality  of  the  CBI  to  look into  the report  prepared by Mr. M.L.

Sharma and other relevant documents and conduct an investigation (as a

Special  Investigating  Team)  into  the  abuse  of  authority  prima  facie

committed  by  Shri  Ranjit  Sinha  with  a  view  to  scuttle  enquires,

investigations  and  prosecutions  being  carried  out  by  the  CBI  in  coal

block allocation cases.

7. The Special Investigating Team led by the Director, CBI may take

the assistance of two officers of the CBI nominated by the Director with

due intimation to this Court.  The Director, CBI will also take the Chief

Vigilance Commissioner into confidence in respect of the investigations.

Since  the  Director,  CBI  will  undoubtedly  require  the  assistance  of

somebody well conversant  with the law, we request  Mr. R.S.  Cheema

who is already a Special Public Prosecutor in the coal block allocation

cases to assist the Director, CBI and his team on legal issues.

8. We make it clear that we have not expressed any opinion on the

merits of the allegations made by the petitioner or make any comment on

the contents of the report prepared by Mr. M.L. Sharma and his team

except to say that a  prima facie case has definitely been made out for

investigation into the abuse of authority by Mr. Ranjit Sinha in terms of

            I.A. No. 13/2014 in WP (C) No.463/2012                             Page 3 of 4

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the report.

9. A copy of this order may be provided to the Director, CBI who will

indicate on the next date of hearing the composition of his team and the

time required to complete the investigations.

10. We need hardly emphasise that the matter is of considerable public

importance and should be taken up with due earnestness by the Director,

CBI.

…………………………..J                                           ( Madan B. Lokur )

………………………….. J   ( Kurian Joseph )

                              …………………………..J New Delhi;                                      ( A.K. Sikri ) January 23, 2017   

            I.A. No. 13/2014 in WP (C) No.463/2012                             Page 4 of 4