ORDER : IA No. of 2012 in WP (C) No. 562 of 2009 IA Nos. 68 and 103 of 2012 in WP (C) No. 562 of 2009 1. We have perused the Supplementary Report dated September 5, 2012 submitted by the CEC in continuance of its earlier report on the same issue dated April 27, 2012. 2. We accept the report and in light of the recommendations made in it we direct the CBI to immediately institute FIRs and to investigate the cases relating to the illegal extraction of about 50.79 lakh MT of iron ore from the forest areas of Karnataka during the period January 1, 2009 to May 31, 2010, the illegal transport of the aforesaid quantity of iron ore from the area(s) of extraction to Belekeri Port and from there its illegal export to other countries. 3. It may be noted at this stage that out of the aforesaid quantity of 50.79 lakh MTs which got illegally exported outside the country, over 8 lakhs MTs iron ore, found lying at Belekari Port was actually under orders of seizure by the Forest Department authorities and the Court before it was exported in violation not only of different laws but in teeth of the seizure order. The investigation of the case of illegal export over 8 lakh MT iron ore while it was under order o seizure is recommended at sub paragraph (IV) at page 14. 4. As recommended in the report of the CEC the CBI should institute FIR(s) as suggested in sub paragraphs (I) and (IV) at pages 12 and 14 respectively of the report and carry out thorough and intensive investigation including, if so required, custodial interrogation of any accused. 5. At the same time, the CBI should also conduct preliminary inquiry as suggested in the report of the CEC in sub-paragraphs (II) and (III) at pages 13 and 14 respectively. 6. Let copies of the CEC reports dated April 27, 2012 and September 5, 2012, be given to the CBI that may form the basic material for institution of FIR(s). It will be open to the CBI to refer to the other reports of the CEC on the issue submitted earlier. 7. Pursuant to the institution of the FIR(s) by the CBI as directed above, further proceedings in case No.189/2010 investigated by the CB, CID, Karnataka, shall remain stayed.
It will be open to the CBI to refer to the other reports of the CEC on the issue submitted earlier. 7. Pursuant to the institution of the FIR(s) by the CBI as directed above, further proceedings in case No.189/2010 investigated by the CB, CID, Karnataka, shall remain stayed. The CID, Karnataka shall hand over all records in regard to that case to the CBI. 8. All Authorities and Agencies of the Government, including the Income Tax Department shall extend full cooperation to the CBI in its investigations. 9. It will be open to the CBI to take into account the reports of the Lokayukta as well. 10. A preliminary report of the investigation should be submitted to the Court within six weeks from today. 11. If the CBI needs any clarification, it will be open to it to approach to this Court in the matter. 12. It is made clear that no authority or Court shall entertain any challenge to the CBI’s investigation of the case(s) as directed by this Court. 13. I.A. Nos. 105, 106 and 108 & 109 in WP (C) No.562 of 2009 14. As prayed by Mr. Ram Jethmalani, learned senior advocate, put up these applications on September 24, 2012.