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2015 DIGILAW 1683 (SC)

Common Cause v. Union of India

2015-12-07

A.K.SIKRI, KURIAN JOSEPH, MADAN B.LOKUR

body2015
ORDER : I.A. No.13 in W.P.(C) No.463/2012 On 14th May, 2015, we had passed an order in I.A. No.13 of 2014 that it was completely inappropriate for Mr. Ranjit Sinha to have met accused persons in the coal block allocation cases without the investigating officer being present or the investigating team being present. 2. Under these circumstances, it was felt necessary to look into the question whether any one or more such meetings of Mr. Sinha without the investigating officer have had any impact on the investigations and subsequent charge-sheets or closure reports filed by the CBI. 3. Thereafter, we had requested Mr. M.L. Sharma, former Special Director, CBI to head the Committee and to have access to the original visitor register maintained at the residence of Mr. Ranjit Sinha along with connected documents. This was through our order dated 30th September, 2015. It was also brought to our notice that the register was kept in a sealed cover in view of the order passed in Civil Appeal No.10660 of 2010 on 8th September, 2014. 4. Since that order was passed by a different Bench, we had felt it appropriate to refer the matter to the concerned Bench for appropriate directions whether the sealed original visitor register and documents can be handed over to Mr. M.L. Sharma. The concerned Bench did not pass any order on that, but subsequently on 20th November, 2015 the matter was sent back to this Bench. 5. We have heard learned counsel for the parties and are of the opinion that the documents kept in a sealed cover in terms of the order dated 8th September, 2014 in Civil Appeal No.10660 of 2010 be handed over to Mr. M.L. Sharma, the Head of the Committee appointed by us for perusal and for submitting the report in terms of our earlier orders. 6. The documents will be shared by Mr. Sharma only with his team and will be treated as confidential and will not be made available to anybody else. 7. We had requested Mr. Sharma to give us a report within eight to twelve weeks of passing of our order dated 7th September, 2015. Since substantial time has elapsed since the order was passed by us, we extend the time for submitting the report by a period of eight to twelve weeks from the date on which the documents are received by Mr. Sharma. 8. Since substantial time has elapsed since the order was passed by us, we extend the time for submitting the report by a period of eight to twelve weeks from the date on which the documents are received by Mr. Sharma. 8. List the application when the report is received from Mr. Sharma, which we expect will be given in a sealed cover. I.A. No.36 in W.P.(C) No.463/2012 9. We have heard learned counsel for the applicant(s). 10. As and when a specific request is made by Mr. Sharma to this Court, that will be dealt with on its own merit by this Court. 11. No further orders are required to be passed in this application, which is accordingly disposed of. W.P.(C) No.463/2012 12. With regard to the Status Report and other sealed documents, the Registry did not circulate the sealed covers. Under the circumstances, list the matter on 14th December, 2015 at 2.00 p.m. 13. The Registry should ensure that whenever the matter is placed before the Court, all relevant documents are also circulated.