Research › Search › Judgment

J&K High Court · body

2015 DIGILAW 469 (JK)

Majid Yaqoob Dar v. State of J&K

2015-09-03

BANSI LAL BHAT, N.PAUL VASANTHA KUMAR

body2015
JUDGMENT : 1. A multi crore scam surfaced in the Jammu and Kashmir Cricket Association which is liberally funded by Board of Control for Cricket in India (for brevity 'BCCI'). A written complaint in this regard came to be lodged by some Members of the Working Committee of the Association regarding some bogus accounts run by previous office bearers namely M/s. Mohammad Aslam Goni, Saleem Khan and Ahsan Mirza. Treasurer of the Association namely Shri Manzoor Ahmad Wazir noticed discrepancies in the audit reports and bank statements and brought the matter to the notice of the President, Jammu & Kashmir Cricket Association (JKCA)-Respondent No. 6, Dr. Farooq Abdullah. Respondent No. 6 deputed Mr. Aslam Goni, Chairman, JKCA, to ascertain the facts. Mr. Aslam Goni convened a meeting of office bearers at Srinagar. During the course of the meeting Mr. Ahsan Mirza, Ex-Treasurer, admitted shortfall in the funds of JKCA and agreed to make good the same with first installment of Rs. 1.5 crores to be deposited by him by 31st March, 2012. Mr. Goni obtained a written statement from Mr. Ahsan Mirza and submitted a communication to the President, JKCA, who directed Mr. Goni to lodge an FIR against M/s. Ahsan Mirza and Saleem Khan. FIR No. 27/2012 under sections 406, 120-B, 168, 477(A) RPC was accordingly registered at Police Station, Ram Munshibagh, Srinagar, on 10th of March, 2012. Since majority of the Working Committee Members were of the opinion that the scam of given magnitude was not possible without active involvement of the Chairman of JKCA, a request was made to the President, JKCA, for an in-house probe. An Advisory Committee comprising M/s. Arvind Singh Mickey, Shyam Saroop Kalsootra, Mohammad Ashraf Bhat & Ashwinder Koul with Treasurer Manzoor Ahmad Wazir designated as Coordinator of the Committee came to be constituted to conduct the probe. The Committee swung into action, assembled the material from different quarters and being unable to lay hands on some important record like cashbook/daybook seized by police, worked out misappropriation/embezzlement to the tune of Rs. 40,53,48,784/- (Forty crores fifty three lacs forty eight thousand seven hundred eighty four). This did not include the interest that would have accrued if the amount would not have been misappropriated. 40,53,48,784/- (Forty crores fifty three lacs forty eight thousand seven hundred eighty four). This did not include the interest that would have accrued if the amount would not have been misappropriated. The Committee found that as per Constitution of JKCA any office bearer out of the Chairman and General Secretary was authorized to operate the Bank accounts alongwith the Treasurer whose signature was mandatory. However, after elections of 2011, a resolution was adopted in terms whereof any two of the office bearers excluding President, JKCA, could be authorized to operate Bank Accounts under their joint signatures. The Probe Committee was of the view that the two resolutions were at variance with each other and the later resolution of 2011 was adopted to keep Mr. Ahsan Mirza in control of the financial matters despite the fact that Shri Ahsan Mirza ceased to be a Treasurer after elections of 2011. Who wanted to keep Shri Mr. Ahsan Mirza in position has not been identified in the interim report? The Committee also noticed that Mr. Ahsan Mirza had not handed over all the Bank related documents including CCRs to the new Treasurer. It was found that the President, JKCA, had signed these mutually contradictory resolutions on the advice of the Chairman who was a practicing Advocate and had served as the Advocate General of the State. The Probe Committee noticed that Chartered Accountant, Mr. Altaf had prepared the audited statement in the year 2010-11 on the basis of the statements furnished to him by Mr. Ahsan Mirza who did not furnish the actual CCRs and other documents and Bank Accounts of the Association. The Committee also noticed that Chartered Accountant had recorded a certificate on the audited report that all the figures/statements incorporated in the audited accounts were subject to physical verification and confirmation. It further noticed that all the three office bearers had signed the audited statement of 2010-11, thereby imputing knowledge of the happenings in the accounts of the Association and thus concealed some Bank Accounts. The Committee was of the view that glaring lapses like short deposit of funds received from BCCI by the Treasurer and operation of bogus accounts could not have escaped the notice of members of the Finance Committee. The Committee was of the view that glaring lapses like short deposit of funds received from BCCI by the Treasurer and operation of bogus accounts could not have escaped the notice of members of the Finance Committee. The Chairman of the Committee who was also the member of the Finance Committee of BCCI and had full knowledge about release of funds by BCCI to JKCA had deliberately overlooked such lapses. According to the interim report, the General Secretary, the Chairman and the Treasurer who operated the JKCA Bank Accounts were involved alongwith some bank officials who connived with them in operating the bogus accounts. The Committee noticed in its interim report the methodology adopted to screen these bogus accounts from figuring in balance sheets. It dwelt upon certain other aspects to consider the modus operandi adopted by these office bearers creating loan accounts against CCRs without discharging CCRs and closure of these loan accounts, entertaining resolutions for operation of Bank Accounts without adhering to the Constitutional requirements of the JKCA and permitting huge cash withdrawals during single days. The Committee was of the view that adherence to the suggestions/recommendations made by two Working Committee Members namely M/s. Shyam Saroop Kalsootra and Manzoor Ahmad Wazir way back in the year 2008 could have avoided such a big scam. The Committee concluded the interim report by observing that the aforementioned figures of Rs. 40,53,48,785/- swindled by the office bearers M/s. Aslam Goni, Ahsan Mirza and Saleem Khan was likely to go up after cashbook seized by police was made available to the Committee and more cooperation was extended by the Banks to ascertain opening, operation and closure of more Bank accounts in the name of JKCA. The Probe Committee was of the considered opinion that more in-depth investigation by the Probe Committee was warranted to unravel the actual misappropriation for which records were required to be made available by the BCCI, Banks and Police, which had seized the documents during the course of investigation of the cases lodged on the basis of this report. 2. The interim report dated 13.05.2012 submitted by the Probe Committee was considered in meeting of Working Committee of JKCA convened on 08.09.2012. The action taken by the President, JKCA, for constituting the Probe Committee was confirmed. 2. The interim report dated 13.05.2012 submitted by the Probe Committee was considered in meeting of Working Committee of JKCA convened on 08.09.2012. The action taken by the President, JKCA, for constituting the Probe Committee was confirmed. The Working Committee was informed that after submission of interim report by the Committee a case was filed at Jammu Wing of this Court challenging the authority of the President, JKCA, to constitute the said in-house Probe Committee. The Working Committee asked the Probe Committee to go ahead with the finalization of the report after providing opportunity of being heard to the accused M/s. Ahsan Mirza, Saleem Khan & M. Aslam Goni. The Probe Committee was also asked to make all possible endeavors to recover the swindled money. The Committee was directed to submit its final report within one month. 3. Petitioners herein who are cricket players claiming to be interested in the upliftment cricket in Jammu & Kashmir State, have filed this Public Interest Litigation seeking appointment of High Level Team of reputed officers of Police or any other authorized department to investigate FIR No. 27/2012 of Police Station, Ram Munshi Bagh, Srinagar, with further prayer to take effective steps for recovery of embezzled amount and to remove office bearers of JKCA who got themselves elected on 12.05.2014 fraudulently, on the ground that the investigating team has not taken the investigation to its logical conclusion despite lapse of more than three years. It is alleged that President, JKCA, Dr. Farooq Abdullah, after his re-election in 2014 disclosed that money recovery process in infamous multi crore scandal has been initiated and Mr. Ahsan Mirza had himself come forward and returned rupees two crore to JKCA as 1st installment. It is further attributed to him that he favoured looking into the matter through own process of JKCA and appoint auditors for rechecking thereby giving a complete go bye to the Probe Committee Report. It is further alleged that sham elections were held only to save the skin of Mr. Ahsan Mirza and others indicted by the Probe Committee. It is further alleged that Mr. Ahsan Mirza who is running Amateur Cricket Club has succeeded in getting Idrees Ahmad Gandroo - a member of his Club, appointed as Joint Secretary, JKCA. Similarly, Mr. Saleem Khan who is running United Cricket Club has been appointed as Chief Administrative Officer and his close aide Mr. It is further alleged that Mr. Ahsan Mirza who is running Amateur Cricket Club has succeeded in getting Idrees Ahmad Gandroo - a member of his Club, appointed as Joint Secretary, JKCA. Similarly, Mr. Saleem Khan who is running United Cricket Club has been appointed as Chief Administrative Officer and his close aide Mr. G.M. Ronga has been given the post of Vice Chairman, JKCA, Kashmir. Writ petitions registered as OWP Nos. 505/2011 and 1737/2011 are stated to have been filed alleging fraud in election held in the year 2009 and embezzlement of funds from BCCI. It is alleged that the elections of 2014 were conceived in fraud and delivered in deceit only to hush-up empanelment of more than forty crore rupees by M/s. Ahsan Mirza, Saleem Khan and Aslam Goni and to protect them from being punished under law. The petitioners have also referred to a news item published in daily Kashmir Monitor in its issue dated 08.03.2014 exposing one more scandal/scam of JKCA pertaining to constructions wherein rupees 12 crores are shown to have been swindled/embezzled. Petitioners thus seek indulgence of this Court for getting investigation of FIR No. 27/2012 conducted by honest and impartial police machinery having credibility to ascertain the truth. 4. On consideration of the matter from time to time, respondents were directed to file their response/reply and the official respondents were also directed to file the status report. When the Court expressed its displeasure over the snail's pace of investigation, in terms of order dated 14th July, 2015, the Inspector General of Police, Kashmir Zone, was directed to appear in person with fresh status report. We will mention about the status report after going through the replies filed by some of the respondents. 5. Respondent No. 6 has filed a detailed reply and has contested the averments made in the PIL. It is pleaded that there is no concern of the President, JKCA with the financial matters of the society in any manner whatsoever. The finances of the Association are being supplemented by the BCCI. It is pleaded that due to civil litigation between various Clubs and functionaries of the office, interim directions were passed not to operate the account of the Association by the Secretary, Treasurer and Chairman or any other Member, as the case may be. The finances of the Association are being supplemented by the BCCI. It is pleaded that due to civil litigation between various Clubs and functionaries of the office, interim directions were passed not to operate the account of the Association by the Secretary, Treasurer and Chairman or any other Member, as the case may be. Faced with this situation, the activities of the Association came to standstill, which could have resulted in de-recognition of the Association by BCCI. Consequently, Working Committee decided to raise loan from the Bank or any other private person. In this behalf, the then Treasurer Mr. Ahsan Mirza extended the support by providing interest free loan for the Association till the Association would be in a position to return the same, either after operation of the accounts or out of the aid of BCCI funding. It is further pleaded that amounts so received were utilized for maintaining the activities of the Association and for smooth management of the Association at Jammu/Srinagar. It is further pleaded that in the year 2012, on receipt of the report about shortfall of Association funds, the then Chairman of the Association, Mr. Mohammad Aslam Goni was instructed by the Respondent No. 6 to register an FIR with the police concerned, as public money was involved, so that it comes to fore who has misappropriated the funds of the JKCA, which culminated into registration of an FIR No. 27/2012 at Police Station, Ram Munshi Bagh, Srinagar. It is further pleaded that the answering respondent appointed an in-house Advisory Committee to probe into the allegations. The said Committee filed its interim report. However, the Committee could not submit its final report as the entire record was seized by the Investigating Agency and the Constitution of the Committee was questioned in the Court of law at Jammu on the ground of jurisdiction. It is specifically pleaded that the answering respondent is very much interested in impartial enquiry at the hands of the Investigating Officer expeditiously so that the real culprits are brought to book. It is also pleaded that since entire record pertaining to the accounts of JKCA has been seized by the Investigating Agency, it is for the Investigating Agency to see as to whether there has been any misappropriation of the funds. 6. It is also pleaded that since entire record pertaining to the accounts of JKCA has been seized by the Investigating Agency, it is for the Investigating Agency to see as to whether there has been any misappropriation of the funds. 6. Respondent No. 7 has pleaded that the petitioners are interfering in the impartial investigation by filing criminal complaints and PIL just to linger on the investigations. Respondent No. 8 has reiterated the stand of the respondent No. 6 and pleaded that in order to ensure free and fair probe into the allegations, he not only resigned from the position of General Secretary, JKCA, but also offered his full and complete cooperation in the Probe/Enquiry instituted into the matter. Respondent No. 9 has also reiterated what has been pleaded by respondent No. 6, and has further pleaded that the Association is more concerned in nailing the real culprits involved in the misappropriation so that money is retrieved and culprits are booked for commission of crime. It is also pleaded that since all the records of the Association have been seized by the Investigating Agency, so it will be fair to leave it to the Investigating Agency to conclude the investigation and submit the final report. Respondent No. 10 in his reply has pleaded that perusal of the statement of accounts furnished by the Bank shows that crores of rupees have been drawn on a single day without any purpose either by way of self drawls by Shri Ahsan Mirza and Saleem Khan or by way of transfer to different accounts. It is further pleaded that from 21.06.2008 to 10.03.2012 the total deposits in the above account up to 03.05.2011 was Rs. 13,29,68,067.00 and the amounts deposited and withdrawn from this account is not reflected in any of the account books or statement of accounts of the Association or audited reports. It is also pleaded that Mr. Saleem Khan and Ahsan Mirza in connivance with the President of JKCA operated the account bearing No. 11554, Air Cargo Branch, and embezzled approximately Rs. 18,56,53,815.00 and for this account also there is no transaction reflected in the statement of accounts of the Association or audited report. 7. Now we come to latest status report filed by Inspector General of Police, Kashmir Zone, on 10th August, 2015. 18,56,53,815.00 and for this account also there is no transaction reflected in the statement of accounts of the Association or audited report. 7. Now we come to latest status report filed by Inspector General of Police, Kashmir Zone, on 10th August, 2015. It is stated in the Status Report that the investigation in case FIR No. 27/2012, Police Station, Ram Munshi Bagh, Srinagar, was taken in hand on 10.03.2012 upon the complaint from Shri M.A. Goni, Chairman, JKCA, wherein it was alleged that as per report of Treasurer Manzoor Ahmad Wazir bogus accounts on JKCA funds had been operated in various J & K Bank Branches by Ex-General Secretary, Mohammad Saleem Khan and Ex-Treasurer Ahsan Ahmad Mirza under their joint signatures, thereby misappropriated the JKCA funds. The investigation was initially taken up by the then SHO Police Station, Ram Munshi Bagh. However, subsequently, on 10.03.2012 a SIT was constituted to conduct investigation. The SIT was headed by SDPO, Nehru Park. Record was seized from various Bank branches and correspondence was made with BCCI to ascertain release of funds in favour of JKCA. The investigation revealed that from financial year 2002-03 up to 31.12.2011 amount of Rs. 113.67 crores has been released by BCCI through cheques from time to time. The bank accounts of JKCA were got freezed. As per status report an amount of Rs. 3.80 crore was found outstanding against some previous office bearers of JKCA and others. Cash amounting to Rs. 4.60 crores approximately was found outstanding against four office bearers of JKCA as loan. In addition thereto, an amount of Rs. 2.83 crores was shown as expenditure under infrastructure development which remained to be technically verified. Thereafter, in September, 2014, Police Station, Ram Munshi Bagh, got submerged in devastating floods. The record seized vide 15 seizure memos was badly affected. Writings on various manuals, cashbooks, ledgers, cheque books etcetera got washed away. Efforts were afoot to reconstruct the damaged records. State Bank of India Branch, Residency Road, Srinagar, has expressed helplessness in providing any physical records which are also said to have been damaged due to floods. The status report further reveals that the balance sheets for the year 2007-08, 2008-09, 2009-10 were found at variance with respect to financial statement forming part of the PIL No. 08/2014 which revealed that JKCA had been maintaining two types of balance sheets for the aforementioned period. The status report further reveals that the balance sheets for the year 2007-08, 2008-09, 2009-10 were found at variance with respect to financial statement forming part of the PIL No. 08/2014 which revealed that JKCA had been maintaining two types of balance sheets for the aforementioned period. One was seized during investigation and the other forms part of PIL 08/2014. Reportedly, this was being done with the criminal intention of defrauding the accounts. It was found that even gross receipts from BCCI varied substantially. The audit reports were not made available by the auditors. The status report further reveals that an amount of Rs. 44,52,24,951.00 was found available with JKCA as on 08.03.2012 in the shape of CCRs. Variation in two types of balance sheets was found to be of an amount of Rs. 10,25,92,562.00. As per status report custodial interrogation of prime accused namely Saleem Khan and Ahsan Mirza could not be resorted to, as both the accused obtained pre-arrest bail from the learned Sessions Judge, Srinagar. Two Government employees Bashir Ahmad Mir, AEE, R & B Department, and Gulzar Ahmad Beigh of Mechanical Engineering Department, were found to have been engaged as Civil Engineer and Accounts Clerk respectively, which is also being investigated. As per latest status report, services of financial experts are required for overall scrutiny of seized bank records of JKCA and the requisition has been made from Finance Department in this regard. Latest status report further states that investigation of the case is being carried out by Superintendent of Police, East, Srinagar, who is engaged with regular law and order situations; with the result the investigation of such a sensitive case is getting effected. 8. After hearing learned counsel for the parties at length, perusing the record before us and after giving thoughtful consideration, we are of the considered opinion that the investigation has been handled in a causal manner. Despite lapse of three years the investigating agency could not even verify or authenticate the amount released by BCCI to JKCA. The investigating agency remained contented with the information provided by Administrative Officer of BCCI that funds to the tune of Rs. 113.67 crore were released by BCCI from 2002-03 upto 31.12.2011. An exercise had to be undertaken to verify and authenticate the volume and extent of release of funds. The investigating agency remained contented with the information provided by Administrative Officer of BCCI that funds to the tune of Rs. 113.67 crore were released by BCCI from 2002-03 upto 31.12.2011. An exercise had to be undertaken to verify and authenticate the volume and extent of release of funds. This was imperative and indispensible in view of the investigating agency having stumbled upon two inconsistent sets of balance sheets allegedly fabricated with intention to defraud. Variation in the two sets of balance sheets was found to be of the magnitude of amount exceeding rupees ten crores for financial years 2007-08, 2008-09, and 2009-10. The investigating agency exhibited insensitivity to pilferage of public money at all stages right from acquisition of funds to utilization thereof. Both speed and credibility are found lacking insofar as the role of investigating agency is concerned. Not only this, lack of will to dig out the scamsters is writ large on the face of performance of the investigating agency. This is demonstrably exhibited by the latest status report which says that the investigating officer is engaged with regular law and order situations resulting in adversely affecting such a sensitive case. It is, therefore, a foregone conclusion that on account of lack of credibility and failure to instill confidence the investigating agency is required to be replaced/substituted. 9. It is well settled that where Scams take place, the allegations of misappropriation of funds are required to be looked into. The source of funds plays a crucial role in investigations. Bearing in mind the volume of funds alleged to have been misappropriated, investigating agency will have to inquire into the outflow of funds released by BCCI to JKCA. This would necessitate verification and authentication of the accounts of BCCI head-quartered at Mumbai. The agency to which investigation is required to be transferred has to undertake an exercise which is to be performed objectively and fairly mindful of the fact that the majesty of law has to be upheld and the rule of law preserved. This would necessitate verification and authentication of the accounts of BCCI head-quartered at Mumbai. The agency to which investigation is required to be transferred has to undertake an exercise which is to be performed objectively and fairly mindful of the fact that the majesty of law has to be upheld and the rule of law preserved. That apart, the investigating agency will be required to retrieve and reconstruct the damaged record, dig out the bogus accounts, unravel the modus operandi adopted to swindle the money released by BCCI to JKCA, identify the beneficiaries, work out the undue pecuniary benefits conferred, identify the accounts to which the swindled money has been transferred, work out the assets raised out of the funds illicitly transferred and appropriated and unveil the criminal conspiracy, the characters involved and the role ascribed to each conspirator. This is a herculean task and can be executed by an Agency having credibility and capability to instill confidence. Such Agency must also be equipped with necessary wherewithals in the shape of highly trained manpower, state of the art technology, expertise to crack financial scams and accessibility to institutions within and outside the State. We are confident that given the magnitude of scam and loss caused to exchequer, transferring the investigation to Crime Branch, as suggested by learned counsel for the parties, would not serve any purpose. The reasons are manifold. Firstly, the Crime Branch is a limb of the Home Department of State Government and may not be able to stand up to the might, influence and clout enjoyed by the accused. The reasons are manifold. Firstly, the Crime Branch is a limb of the Home Department of State Government and may not be able to stand up to the might, influence and clout enjoyed by the accused. The very fact that the President of JKCA is a tall political personality having served as the Chief Minister of the State besides having a tenure as Union Minister in the previous regime, whose complicity is alleged in granting approval to two contradictory resolutions pertaining to operations of accounts of JKCA to keep accused Ahsan Mirza in control of financial matters despite his ceasing to be a Treasurer after elections of 2011, impeding the probe despite a huge scam unveiled by Probe Committee in its interim report and not taking effective steps to recover the swindled money coupled with the fact that one of the beneficiaries namely Aslam Goni indicted by the interim report has swindled amount exceeding rupees forty crores together with Ahsan Mirza and Saleem Khan, has served the State as Advocate General in the former regime, render it imperative that the investigation is transferred to Central Bureau of Investigation. Secondly, the funds having originated from BCCI having its seat at Mumbai, Crime Branch exercising its jurisdiction limited to the State of Jammu & Kashmir would be encountered with a lot of hassle in retrieving the documents, digging out assets raised from the ill-gotten money and executing search warrants for which it shall have to take recourse to provisions of Section 93-A of Code of Criminal Procedure. Crime Branch will not be able to operate independently as the investigation will have extra territorial dimension. The purpose of investigation may get defeated by delay in procuring the process from a competent court and its execution beyond the limits of State. These factors heavily weigh in choosing the premier investigating agency of the Country viz. Central Bureau of Investigation, as the Agency to which investigation can be transferred. 10. Now the question for consideration arises is as to whether in absence of sanction from the State Government in terms of provisions of Section 6 of Delhi Special Police Establishment Act, 1946, the CBI can be directed to take up the investigation. 11. Central Bureau of Investigation, as the Agency to which investigation can be transferred. 10. Now the question for consideration arises is as to whether in absence of sanction from the State Government in terms of provisions of Section 6 of Delhi Special Police Establishment Act, 1946, the CBI can be directed to take up the investigation. 11. Constitution Bench of the Supreme Court in State of W.B. v. Committee for Protection of Democratic Rights reported in (2010) 3 SCC 571 , while dealing with the scope of powers vested in High Courts under Article 226 of the Constitution as regards direction to Central Bureau of Investigation to investigate a cognizable offence alleged to have been committed within the territorial jurisdiction of the State without consent of the State Government, held that the High Court would be acting within its jurisdiction to order such investigation. Paragraph 69 of the judgment may be noticed: "In the final analysis, our answer to the question referred is that a direction by the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to the CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law. Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly." 12. The Constitution Bench, however, sounded a note of caution. It held that the power vested in High Court under Article 226 of the Constitution directing CBI to investigate a cognizable offence allegedly committed in a State without consent of that State should be exercised sparingly, cautiously and in exceptional situation where it becomes necessary to provide credibility and instill confidence in investigation or where the incident may have National or International ramifications or where such an order may be necessary for doing complete and enforcing Fundamental Rights. This is in consonance with the earlier decisions of the Hon'ble apex Court. This is in consonance with the earlier decisions of the Hon'ble apex Court. Reference is made to Supreme Court Bar Association v. Union of India reported in (1999) 4 SCC 409 which emphasized that an investigation by CBI could be justified to prevent any obstruction in the stream of justice. Same principle has been reiterated in Akhilesh Yadav v. Vishwanath Chaturvedi and Ors. reported in (2013) 2 SCC 1 . 13. In Vishwanath Chaturvedi v. Union of India reported in (2007) 4 SCC 380 , the Hon'ble apex Court reiterated the view taken in M.C. Mehta v. Union of India, (2003) 8 SCC 696 that when scams take place, the source of funds play a crucial role in investigations by CBI in the matters involving misappropriation of public funds. 14. In Shahid Balwa v. Union of India reported in (2014) 2 SCC 687 , the Hon'ble Apex Court observed that the Nation and the people of this Country are seriously concerned with the outcome of cases involved larger public interest, like one concerning the 2G Scam and the Apex Court, as guardian of the Constitution has got the duty and obligation to see that larger public interest and the interest of the Nation is preserved and protected. It further observed that it is the responsibility of the Constitutional Court to assure judicial legitimacy and accountability. It further observed that public interest demands timely resolution of cases and a prolonged litigation undermines the public confidence and weakens the democracy and rule of law. Paragraphs 29 and 30 of the judgment which are of relevance are reproduced hereunder: "29. Monitoring of criminal investigation is the function of investigating agency and not that of the Court -- either of the superior Court or of the trial Court. But unsolved crimes, unsuccessful prosecution, unpunished offenders and wrongful convictions bring our criminal justice system in disrepute. Crores and crores of tax payers' money is being spent for investigating crimes in our country since every such incident is a crime against the society. When the persons involved in the crime wield political power and influence, the possibility of putting pressure on the investigating agency, which is no more independent in our country, is much more. Common people will be left with the feeling that they can get away with any crime which tarnish the image not only of the investigating agency but judicial system as well. Common people will be left with the feeling that they can get away with any crime which tarnish the image not only of the investigating agency but judicial system as well. Once investigation fails, Court will face with a fait accompli. Proper and uninfluenced investigation is necessary to bring about the truth. Truth will be a casualty if investigation is derailed due to external pressure and guilty gets away from the clutches of law. 30. More and more demands are now coming before the Courts for its monitoring of investigation relating to crimes committed by influential persons and persons who have political influence, with the apprehension that they could derail the investigation. Courts in public interest sometime have to take such a course in the larger public interest" 15. The dictum of law enunciated by Supreme Court is loud and clear. This Court has to discharge its constitutional obligation to give effect to and enforce fundamental rights of citizens. Section 6 of Delhi Special Police Establishment Act, 1946 is no bar for this Court to direct investigation by Central Bureau of Investigation. Having regard for the quantum and magnitude of the scam involving huge loss of public money and failure of State investigating agency to conduct the investigation with speed, fairness and objectivity and given the inordinate delay in concluding the investigation coupled with lack of credibility in the State Investigating Agency and also taking into consideration the serious allegations made against the beneficiaries involved including the influential and mighty, we are of the considered opinion that it is a fit case where the investigation must be handed over to Central Bureau of Investigation for purposes of a fair and result oriented investigation. We order accordingly. 16. The Registrar Judicial, High Court of J & K, Srinagar, is directed to send a copy of this Judgment to the Director, Central Bureau of Investigation, for taking the investigation in hand and bring the same to a logical conclusion, as expeditiously as possible, preferably within six months. 17. As regards prayer in respect of elections of JKCA, which has been called in question, we deem it inappropriate to address the issue as the matter is stated to be sub-judice before the civil Courts. This Public Interest Litigation is, accordingly, disposed of alongwith all connected CMPs.