Order dated 25-7-2014
(Before R.M Lodha, C.J and Madan B. Lokur and Kurian Joseph, JJ.)
IA No. 9689 of 2014 in WP (Crl.) No. 120 of 2012
1. In light of IA No. 9689 of 2014 dated 23-4-2014 made by the Income Tax Authorities, it is clarified that the order dated 8-5-2013 (2014) 2 SCC 703 passed by this Court shall not come in the way of Income Tax Authorities of competent rank to inspect the documents seized by CBI in connection with the coal block allocation case of M/s Hindalco Industries Ltd. or any other case with the objective of ascertaining whether the same are relevant from the perspective of proceedings under the Income Tax Act in the cases of Aditya Birla group or any other case and to obtain copies of documents so ascertained to be relevant.
2. IA No. 9689 of 2014 stands disposed of.
Crl. MP No. 11736 of 2014 in WP (Crl.) No. 120 of 2012
3. Crl. MP No. 11736 of 2014 is rejected.
IAs Nos. 9 and 10 of 2014 in WP (C) No. 463 of 2012
4. IAs Nos. 9 and 10 of 2014 are rejected.
WP (Crl.) No. 120 of 2012 and WP (C) No. 463 of 2012
5. With regard to Item 1 Serial 11 of the report dated 2-7-2014 submitted by two Vigilance Commissioners, some difficulty has been pointed out by CBI in the submission note dated 25-7-2014. CBI may bring above difficulty to the notice of the two Vigilance Commissioners. An appropriate order on the submission note of CBI shall be passed by us after the remarks are submitted by the Central Vigilance Commission (CVC).
6. In pursuance of our order dated 18-7-2014 WP (Cri) No. 120 of 2012, the Registrar General, Delhi High Court has intimated to the Secretary General of this Court that the Hon'ble the Chief Justice of Delhi High Court has been pleased to nominate Mr Bharat Prashar, an officer of Delhi Higher Judicial Service for being posted as Special Judge to deal and exclusively try the offences pertaining to coal block allocation matters under the Penal Code, 1860, Prevention of Corruption Act, 1988, Prevention of Money-Laundering Act, 2002 and other allied offences.
7. We, accordingly, direct the competent authorities to issue requisite notifications appointing Mr Bharat Prashar, an officer of Delhi Higher Judicial Service as Special Judge for the above purpose. The notifications shall be issued within two weeks from the date of communication of copy of this order.
8. We also order that Mr R.S Cheema, Senior Advocate shall be appointed as Special Public Prosecutor by the Government of India to conduct the prosecution of the offences pertaining to coal block allocation matters on behalf of CBI and Enforcement Directorate. On such appointment, Mr R.S Cheema may choose two other advocates, who, in his opinion, will be of assistance in the matter. While doing so, Mr R.S Cheema may keep in view the magnitude and complexities of the case.
9. The Special Public Prosecutor shall have access to the entire evidence/material including case diaries collected in the course of investigation. We direct CBI to render all necessary assistance to the Special Public Prosecutor.
10. All cases pending before different courts in Delhi pertaining to coal block allocation matters shall stand transferred to the Court of the Special Judge as aforenoted. We also make it clear that any prayer for stay or impeding the progress in the investigation/trial can be made only before this Court and no other court shall entertain the same.
11. List this group of matters on 1-9-2014 at 2 p.m
Order dated 1-9-2014
(Before R.M Lodha, C.J and Madan B. Lokur and Kurian Joseph, JJ.)
12. In light of para 157 of our judgment of 25-8-2014 (2014) 9 SCC 516, Mr Mukul Rohatgi, learned Attorney General, Mr K.K Venugopal, learned Senior Counsel for Coal Producers Association and Dr Abhishek Manu Singhvi, learned Senior Counsel for Sponge Iron Manufacturers Association made their submissions. They, and also the learned Senior Counsel for the Independent Power Producers Association of India prayed for some time to file respective affidavits.
13. Their prayer is reasonable. The affidavits may be filed by the Union of India and the above three Associations by 8-9-2014.
14. List the matters on 9-9-2014 at 10.30 a.m
15. A report dated 1-9-2014 has been submitted by the Central Bureau of Investigation (CBI). It is stated that Shri R.S Cheema has been appointed as Special Public Prosecutor by the Government of India vide Notification dated 27-8-2014 in cases pertaining to allocation of coal blocks as per this Court's order dated 25-7-2014. It is also stated in the report that Shri R.S Cheema has now requested for attachment of three Senior Public Prosecutors, namely, (1) Shri A.P Singh, Senior Public Prosecutor, ACB, CBI, Guwahati, (2) Shri Sanjay Kumar, Senior Public Prosecutor, Special Crime 1, CBI Headquarter, New Delhi, and (3) Shri V.K Sharma, Senior Public Prosecutor, ACB, CBI, Delhi to assist him in cases pertaining to allocation of coal blocks.
16. We are satisfied that the request made by Special Public Prosecutor, Shri R.S Cheema is reasonable and may be accepted. We order accordingly. We direct that the above three Senior Public Prosecutors working with CBI shall assist Shri R.S Cheema, Special Public Prosecutor.
Court Masters