IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPLICATION NO.518 OF 2010 IN SUO MOTO WRIT PETITION NO. 466 OF 2010 Court on its own motion through the Registrar Genral High Court (A.S.), Bombay ..Petitioner versus State of Maharashtra and Anr. ..Respondents And Sandeep Shetty ..Intervenor/Applicant Mr. D.D. Madan, Sr. Counsel Amicus Curia for Petitioner. Mr. N.P. Deshpande, AGP for Respondent -State. Mr.I.J. Nankani i/b Nankani & Associates for Intervenor MITRA. Mr. Nitin Pradhan for Applicant Mr. Mahmood Ibrahim Jalal. Mr. Vijay Nahar i/by Dr. Y.M. Choudhari for Intervenor. CORAM : F.I. REBELLO & A. A. SAYED , JJ. DATED : 7TH APRIL, 2010. P.C. 1 By order of 17th February, 2010 we had permitted Shri Sandeep Shetty brother of the Deceased Satish Shetty to intervene. The applicant in the application also contended the prayer clause to hand over the investigation to CBI. The matter was posted for filing a reply on behalf of the State Government. Today on behalf of the State Government, learned AGP Shri Deshpande has filed a copy of Notification dated 6th April, 2010. By the said Notification the Government of Maharashtra has given its consent to CBI to investigate the matter relating to the death of Satish Sehtty. The consent is also accorded for investigation for attempt, abetement, conspiracy relating to or in connection with the offence in the said case and any other offences committed in the course of the same transaction or arising out of the same facts. 2 The issue as to whether the High Court in exercise of its extra ordinary powers under Article 226 of the Constitution of India would have directed investigation by CBI with the consent of the State Government had come for consideration before the Hon’ble Supreme Court in State of West Bengal and others Vs. Committee for Protection of Democratic Rights, West Bengal and others. A Constitution Bench of the Supreme Court by its order dated February 17, 2010 has observed that:- “The direction can be issued by the High Court in exercise of his its jurisdiction under Article 226 of the Constitution. to CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State." The Court however, also has pointed out that:- "The very plentitude of the power under the said Articles requires a great caution in its exercise. In so far as a question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such powers should be exercised but time and again it has been reiterated such order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extra ordinary power must be exercised sparingly, cautiously and in exception situation where it becomes necessary to provide credibility and instill confidence in investigation or where the incident may have national and international ramifications or where such an order be necessary for doing complete justice and enforcing the fundamental rights.” In the instant case, the State Government itself has taken the decision and given its consent to the CBI to carry on the investigation. 4 In our opinion, therefore, considering the power of this Court under Article 226 of the Constitution of India and consent given by the State Government and considering the circumstances under which the death of Shri Satish Shetty, who was exposing land scams in our opinion it is necessary that the CBI takes over the investigation in the matter. Attacks on public spirited citizens at the behest of land mafia that will deter other public spirited citizens from coming forward to expose such scams. The issue has severe repercussion at the rule of law and safety of citizens. We therefore, direct the CBI to file an affidavit before this Court on the next date as to what steps they propose to take. 5 A copy of this order be forwarded to the CBI. S.O. To 21st April, 2010. Sd/- (F.I. REBELLO J.) Sd/- ( A. A. SAYED, J.)