Constitution of India — Article 32 — Coal Block Allocations

July 29th, 2013

Constitution of India — Article 32 — Coal Block Allocations — Sharing of status reports with political executive and officials, Clarification from C.B.I. regarding — Held, direction for clarification from the Director, C.B.I.

(Para 2)

HELD: Having perused the affidavit filed by the Director, C.B.I., on April 26, 2013 pursuant to the order dated March 12, 2013, we are of the view that the following aspects are required to be clarified by him:

(i) As to why in the status report dated 08.03.2013 no disclosure was made to this Court that the draft report has been shared with the political executive and officials.

(ii) What was the basis and reasons for the C.B.I. in making the statement on 12.03.2013 through its counsel (Additional Solicitor General) before this Court that the status report dated 08.03.2013 has not been shared with any one and it is meant only for the Court.

(iii) In the affidavit now filed by the Director, C.B.I., on April 26, 2013, it is stated that the draft of the status report dated March 8, 2013 was shared with the Minister of Law and Justice as desired by him prior to its submission before this Court and it was also shared with Joint Secretary level officers each of the Prime Minister’s Office and Ministry of Coal as desired by them but nothing has been said in the affidavit whether or not changes were made in the draft report and, if yes, at whose instance and the extent of changes and whether besides the three persons mentioned in para 4 of the affidavit, the draft report was shared with any other person in that meeting.

(iv) The names of the two officers one each of the Prime Minister’s Office and Ministry of Coal referred to in para 4 of the affidavit.

(v) The procedure being followed by the C.B.I. under the Manual/Guidelines in sharing the status report(s) with regard to on-going investigation in a sub judice matter where status report(s) have been called for by the Court.

(vi) The names of the officers investigating the matter and their CVs in a sealed cover.

(Para 2)

Manohar Lal Sharma v. Principle Secretary[Bench Strength 3], Writ Petition (Crl.) No(S). 120/2012(30/04/2013), 2013(6) SCALE 473 [R.M. Lodha, J.: Madan B. Lokur, J.: Kurian Joseph, J.]

Entry Filed under: Judgements