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1987 DIGILAW 569 (SC)

Pushpa Devi M. Jatia v. M. L. Wadhavan, Addl. Secretary, Government of India

1987-05-01

A.P.SEN, S.NATARAJAN

body1987
ORDER : Having regard to the fact that we have reserved passing of final orders on the application made under Section 340 of the Code of Criminal Procedure 1973 by the Union of India after the completion of the investigation by the Central Bureau of Investigation relating to the alleged receipt of a representation made by the detenue under Section 8(4) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act addressed to the President of India at the President's Secretariat on 15.4.1986 and the entries made in the Dak Register maintained at the Central Registry, we direct the Registrar (Judicial) of the Supreme Court to keep the following records in safe custody in sealed envelopes till such time they are called for when the application under Section 340 is taken up for final orders: (1) Original Affidavit of Pushpadevi M. Jatia in Writ Petition No. 363 of 1986 dated 26.9.1986. (2) Affidavits of Ashok Jatia son of Ganesh Narain Jatia dated 18.7.1986 and 26.9.1986. (3) Original affidavits filed by Shri Ashok Jain son of late Shri B.R. Jain dated 29.8.1986, 9.9.1986 and 26.9.1986. (4) Original Affidavit filed by Shri K.C. Singh, Deputy Secretary to the President, President's Secretariat, Rashtrapati Bhavan, New Delhi dated 3.9.1986. (5) Counter affidavit of Shri S.K. Chowdhry son of Shri N.R. Chowdhry, Under Secretary, Ministry of Finance, Department of Revenue, Government of India (page 53, containing six pages). (6) Affidavit of Shri Mohanlal Jatia (page 56) dated 29.6.1986. (7) Utter No. 3080-PI(4)/86 dated 4th August, 1986 by Shri D.B. Bhatia, Under Secretary, President's Secretariat, Rashtrapati Bhavan (page No. 57). (8) Copy of the alleged representation of Mohanlal Jatia dated April 11, 1986 addressed to His Excellency Shri Giani Zail Singh, President of India, Rashtrapati Bhavan, New Delhi (filed as Exhibit E). (9) Original Affidavit of Shri M.L. Wadhawan, Additional Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi dated 25th April, 1986. (10) 12 Xerox copies of the relevant page in the Dak Register wherein the entry relating to the alleged receipt of the Representation said to have been made by the detenue has been entered under date 15.4.1986. (10) 12 Xerox copies of the relevant page in the Dak Register wherein the entry relating to the alleged receipt of the Representation said to have been made by the detenue has been entered under date 15.4.1986. (11) Letter No. F. 17/CR/86 dated August 25, 1986 from Shri K.C. Singh, Deputy Secretary to the President, President's Secretariat, Rashtrapati Bhavan, New Delhi to Shri R.C. Gandhi, Assistant Registrar, Supreme Court of India along with enclosure reproducing the rubber stamps of the Central Registry and the President's Secretariat. 2. The Original Dak Register which is sent in a sealed envelope may be returned after xerox copies of the relevant page are taken to the Attorney General through Mr. Subba Rao appearing for the Union of India under proper acknowledgement. 3. We direct the Director of the Central Bureau of Investigation to take up the investigation into the matter. If during the course of such investigation, the C.B.I. requires inspection of the records of the Supreme Court, the Registrar (Judicial) shall permit such inspection as and when required. 4. The Director of the Investigation shall submit his report to the Government of India, Ministry of Home Affairs, New Delhi, for necessary action.