W.P. (Crl.) No. 120 of 2012 with W.P. (C) Nos. 463, 429, 498 and 515 of 2012. Case: Manohar Lal Sharma Vs The Principle Secretary and Ors.. Supreme Court (India)
| Case Number | W.P. (Crl.) No. 120 of 2012 with W.P. (C) Nos. 463, 429, 498 and 515 of 2012 |
| Judges | R.M. Lodha, Madan B. Lokur and Kurian Joseph, JJ. |
| Issue | Criminal Law |
| Citation | 2013 (6) SCALE 771 |
| Judgement Date | May 08, 2013 |
| Court | Supreme Court (India) |
Order:
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We have heard Mr. Manohar Lal Sharma, Petitioner-in-person in Writ Petition (Criminal) No. 120 of 2012, Mr. Prashant Bhushan, advocate for the Petitioners in Writ Petition (Civil) 463 of 2012, Mr. Goolam E. Vahanvati, learned Attorney General, Mr. Mohan Parasaran, learned Solicitor General, Mr. U.U. Lalit, learned senior counsel for the Central Bureau of Investigation (CBI) and Mr. T.R. Andhyarujina, learned senior counsel for the Union of India. In Vineet Narain and Ors. v. Union of India and Anr. (1998) 1 SCC 226 this Court emphasised the need for insulation of CBI from any extraneous influences to enable it to discharge its duties in the manner required for proper implementation of the rule of law. In para 48 of the report, it was observed that in view of the common perception shared by everyone including the Government of India and the Independent Review Committee of such need, it was imperative that some action was urgently taken. Accordingly, certain directions were issued in this regard. It was, inter alia, directed that the Central Government shall take all measures necessary to ensure that the CBI functions effectively and efficiently and is viewed as a non-partisan agency.
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On a careful consideration of the affidavit of the Director, CBI filed before this Court on May 6, 2013 pursuant to the order dated April 30, 2013, we find that draft status reports pertaining to PE 2 and PE 4 have been shared with the Law Minister, Law Officers and the two Joint Secretaries-one from the Ministry of Coal and the other from the Prime Minister's Office (PMO) and at their instance some changes have been made Some of the changes made in these draft status reports are significant
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PE 2 relates to allocation of coal blocks for the period 2006 2009 In the course of inquiry into PE 2, 11 FIRs alleging corruption and conspiracy against unknown public officials of the Ministry of Coal have already been registered by the CBI
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In Vineet Narain (1998) 1 SCC 226, whilst acknowledging that overall control of the CBI and responsibility for its functioning has to be in the executive, this Court was of the view that in the matter of investigation, a scheme giving the needed insulation from extraneous influences of the controlling executive was imperative. This Court noted that though the Minister who has been given responsibility for the functioning of the CBI has general power to review its working and give broad policy directions and he has also...
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