ORDER 1. The learned Solicitor General reports that necessary action, as required by the previous order dated 22-2-1996 with regard to the documents seized in 1991, has been taken. The office report dated 29-2-1996 is perused. It is directed that the documents in question be kept under the seal of this Court by the Registrar (Judicial) in a vault in the State Bank of India, Parliament Street, New Delhi, to be arranged by the CBI. The key thereof would be retained securely by the Registrar (Judicial) of this Court. This arrangement with the Bank would be in the joint name of the Registrar General and the Registrar (Judicial) of this Court to be operated by anyone of them under the directions of this Court. 2. It is appropriate that the procedure indicated for the safe custody of the documents seized in 1991 in our earlier order dated 22-2-1996 is adopted also in respect of all documents seized in 1995 or thereafter, having any evidentiary value. We, therefore, give the same direction in respect of the remaining documents for their safe custody. 3. The learned Solicitor General states that in all only three floppies were seized and that seizure was made in January 1996 by the FERA authorities from the residence of Shri Anil Jain in Delhi. These three original floppies constituting one set are to be treated as the originals and they should be kept in safe custody and under the seal of this Court by the Registrar (Judicial) in the vault of State Bank of India, Parliament Street, New Delhi, in the same manner as the documents earlier indicated. The learned Solicitor General submits that a duplicate set of the three floppies constituting one set has been prepared by the Enforcement Directorate. We direct that this duplicate set of the three floppies be kept under seal of this Court in safe custody by the Enforcement Directorate. 4. The learned Solicitor General also stated that a printout from the original floppies has been taken, each page of which has been signed by Shri S.K. Jain and Shri Anil Jain and that one set of complete printout is in possession of the Enforcement Directorate.
4. The learned Solicitor General also stated that a printout from the original floppies has been taken, each page of which has been signed by Shri S.K. Jain and Shri Anil Jain and that one set of complete printout is in possession of the Enforcement Directorate. We direct that one complete set of this printout together with an affidavit of the officer who can speak about the authenticity of the printout be submitted with the signature of that officer on each page of the printout for the purpose of identification of the entire set of documents. This be done by 12-3-1996. The same, on it being so submitted, be kept under seal of this Court by the Registrar (Judicial) in the vault of the State Bank of India, Parliament Street, New Delhi in the same manner as the floppies and the other documents as directed earlier. 5. The learned Solicitor General further stated that in the year 1995 one computer with one hard disc has been seized from the office premises of Shri S.K. Jain in Delhi. The learned Solicitor General stated that full particulars of the same would be given on the next date after taking instructions in the matter to enable making of suitable directions for its safe custody. Criminal Miscellaneous Petitions Nos. 1153-56 of 1996 6. We have heard Shri Anil Divan and the learned Solicitor General. Insofar as the larger relief of suitable guidelines is sought therein, that matter is deferred for consideration at the appropriate later stage of these proceedings. As for the interim relief claimed in the application, it is sufficient for us to direct as stated hereafter. 7. To eliminate any impression of bias and avoid erosion of credibility of the investigations being made by the CBI and any reasonable impression of lack of fairness and objectivity therein, it is directed that the. CBI would not take any instructions from, report to, or furnish any particulars thereof to any authority personally interested in or likely to be affected by the outcome of the investigations into any accusation. This direction applies even in relation to any authority which exercises administrative control over the CBI by virtue of the office he holds, without any exception. We may add that this also accords with what the learned Solicitor General has very fairly submitted before us about the mode of functioning of the CBI in this matter.
This direction applies even in relation to any authority which exercises administrative control over the CBI by virtue of the office he holds, without any exception. We may add that this also accords with what the learned Solicitor General has very fairly submitted before us about the mode of functioning of the CBI in this matter. 8. We also place on record the further statement made by the learned Solicitor General on instructions from the CBI Director that neither the CBI Director nor any of his officers has been reporting to any authority about any particulars relating to these investigations. No further direction in this behalf is necessary at this stage. 9. List the matters on 13-3-1996 at 4.00 p.m.