Order
IA No. 10 of 2011
1. Shri K.K Venugopal, learned Senior Counsel appearing for CBI placed before the Court papers, perusal of which shows notification under Section 6 of the Delhi Special Police Establishment Act has been issued by the State Government for entrusting the case relating to death of Sadiq Batcha to CBI. Shri Venugopal then stated that CBI has no objection to take up the investigation.
2. The learned Senior Counsel submitted that once notification under Section 5 of the Act is issued by the Central Government, CBI would take over the investigation of the case.
3. Ms Indira Jaisingh, Additional Solicitor General submitted that she will get in touch with the authorities concerned and make a statement on Monday regarding issue of notification under Section 5 of the Act and, if, in the meanwhile, the notification is issued, the same will be produced before the Court.
4. In view of the statement made by the learned counsel, hearing of IA No. 10 of 2011 is adjourned to 4-4-2011. To be taken up at 3.30 p.m
5. Shri Venugopal, learned Senior Counsel appearing for CBI and the Enforcement Directorate reiterated that first charge-sheet will be filed before the Special Court on 2-4-2011.
6. In the context of the query made by the Court on an earlier occasion (2011) 15 SCC 169, Shri Venugopal, learned Senior Counsel for CBI suggested that Shri U.U Lalit, Senior Advocate may be appointed as Special Public Prosecutor to lead and supervise the prosecution of the case relating to 2G Scam. Shri Venugopal, further stated that Shri U.U Lalit has agreed that keeping in view the larger public interest, he would accept the assignment.
7. Ms Indira Jaising, Additional Solicitor General gave out that she would seek necessary instructions and inform the Court by 5-4-2011 about the appointment of Shri U.U Lalit as the Special Public Prosecutor.
8. In view of the above, the Central Government is directed to take necessary steps under Section 24 CrPC and inform the Court by Tuesday, 5-4-2011, on the issue of appointment of Shri U.U Lalit as the Special Public Prosecutor. For this purpose the case be listed on 5-4-2011. To be taken up at 3.30 p.m
Court Masters