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2017 DIGILAW 886 (SC)

Md. Ashraf Ali v. Union of India

2017-05-19

A.M.KHANWILKAR, DIPAK MISRA

body2017
ORDER : In pursuance of our earlier order dated 4th January, 2017, an affidavit has been filed by the Union of India in S.L.P.(C) No.28417 of 2016. It has been stated that:- “State Govt. of U.P., pursuant to above request, vide letter dated 24.4.2017, (received in Ministry on 25.4.2017 by Special Messenger) has made available report submitted by Superintendent of Police, Deoria, Uttar Pradesh, vide which it has been informed that Mukhtar and Munshi (son of Rose), Kismat Ali (son of Mukhtar), Yusuf (son of Mukhtar) and Smt. Rajia Begum (wife of Mukhtar) who were inhabitants of Village Chipya, Police Station – Khampur, Deoria, had left the village around 35-40 years back for Assam by selling their house and property. Superintendent of Police, Deoria while making available the report has also made available the report submitted by In-charge of the Police Station concerned and undertaking given by Gram Pradhan and other inhabitants of the Village in this regard. Copy and its English translation of Govt. of Uttar Pradesh Letter dated 24.4.2017 is Annexure R-1.” 2. In S.L.P.(C) No.27489 of 2016, the affidavit filed by the competent authority of the Central Government, reads as follows:- “That the State of Bihar, pursuant to above request, made available two reports. The first report dated 29.3.2017, the Deputy Secretary of the Sate Govt. reported, on the basis of report from Bihar School Examination Board, while inter alia giving details of the name of the candidate, Roll Code, date of Birth, year, Total marks obtained and class obtained in examination etc. It is stated that prima facie details made available by the State Govt. are in consonance with the details appearing in Annexure P-1 and P-2 of the SLP. It is further submitted that the State Govt. intimated that this is an interim report and verification request in respect of documents submitted by the applicant, has been made to District Magistrate, Siwan. Full report will be submitted after receiving the report from the District Magistrate, Siwan. That in its second report dated 30.3.2017, State Govt. of Bihar through its Deputy Secretary, made available the report of District Magistrate, Siwan, Bihar. In the report of District Magistrate, Siwan, the headmaster of the School has certified that the old record pertaining to the subject in question is not available. That in its second report dated 30.3.2017, State Govt. of Bihar through its Deputy Secretary, made available the report of District Magistrate, Siwan, Bihar. In the report of District Magistrate, Siwan, the headmaster of the School has certified that the old record pertaining to the subject in question is not available. Enquiry from locals were also conducted whereby it has been acknowledged that Hasnayan Ali, son of Aliman Hussain were the resident of village Shankerpur who left for Assam. Some registered document was also made available. Copy of report dated 30.3.2017 along with its English Translation is Annexure R-1.” 3. Having heard Mr. Krishnan Venugopal, learned senior counsel for the petitioners, Ms. Pinky Anand, learned Additional Solicitor General for the Union of India and Mr. Shuvodeep Roy, learned counsel for the State of Assam, we think it appropriate that further details in the matter need to be collected. In course of hearing, the learned counsel for the respondents have submitted that the matter can be remanded to the tribunal so that fresh adjudication can take place. We do not think that to be an appropriate course to be adopted at this stage of the case, inasmuch as, we had already directed the authorities to file affidavits and pursuant thereto, affidavits have been filed. 4. As indicated earlier, as more details are required and there has to be comprehensive verification of the same, we think it appropriate to direct the Central Bureaus of Investigation (CBI) to submit a report on the basis of the documents filed before this Court and also the assertions made therein. Needless to say, the C.B.I. shall make comprehensive enquiry and not restrict its enquiry to the paragraphs quoted hereinabove. We have said so as we want a complete picture before us. 5. Let the report by the C.B.I. be made available in both the cases within eight weeks hence. A copy of the order passed today be handed over to Mr. P.K. Dey, learned counsel, who ordinarily appears for the C.B.I. In case of non-availability of Mr. Dey, a copy of the order be served on Mr. M.K. Maroria, learned counsel for the Union of India. The Registry is directed to do the needful in the matter. 6. Mr. Anas Tanvir, learned counsel assisting Mr. P.K. Dey, learned counsel, who ordinarily appears for the C.B.I. In case of non-availability of Mr. Dey, a copy of the order be served on Mr. M.K. Maroria, learned counsel for the Union of India. The Registry is directed to do the needful in the matter. 6. Mr. Anas Tanvir, learned counsel assisting Mr. Krishnan Venugopal, learned senior counsel for the petitioners is at liberty to hand over the documents relating to the petitioners herein to Mr. P.K. Dey or Mr. M.K. Maroria, who have been asked to receive copies on behalf of the C.B.I. 7. Let the matter be listed on 22nd August, 2017.