IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 2588 of 2008(S) ------------------------- PETITIONER: -------------------- T.P.NANDAKUMAR, AGED 42 YEARS, S/O. K.DAMODARAN NAIR, CHIEF EDITOR, "CRIME", PUTHIYA ROAD, KOZHIKODE-673 004. BY ADV. SRI.P.N.GOPALAKRISHNAN NAIR SRI.RAJESH VIJAYAN RESPONDENTS: ----------------------- 1. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, C.G.O.COMPLEX, LODHI ROAD, NEW DELHI-110 003. 2. SRI. V.ASOK KUMAR, DEPUTY SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, ANTI CORRUPTION BRANCH, 3RD FLOOR, SHASTHRI BHAVAN, CHENNAI-600 006. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 2588 OF 2008. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE JUDGMENT DATED 5.4.2006 IN W.P.(C) NO.29124/2005 OF THIS HON'BLE COURT. EXT. P2 : TRUE COPY OF THE JUDGMENT DATED 26.7.2006 IN C.C.C. NO.882/2006 OF THIS HON'BLE COURT. EXT. P3 : TRUE COPY OF THE NEWSPAPER REPORT DATED 27.10.2007 PUBLISHED IN THE MANGALAM DAILY WITH ENGLISH TRANSLATION. EXT. P4 : TRUE COPY OF THE NEWSPAPER REPORT DATED 12.9.2007 PUBLISHED IN THE MADHYAMAM DAILY WITH ENGLISH TRANSLATION. H.L. DATTU, C.J. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2588 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008. JUDGMENT H.L.DATTU, C.J.: This court, while disposing of R.P.No.1154 of 2006, by its order dated 16th January, 2007 had issued a direction to the Central Bureau of Investigation to investigate into the subject matter noticed in the course of the order. 2. Now a writ petition is filed by one Sri. T.P.Nandakumar, who is a journalist and also the Chief Editor of a fortnightly magazine, for the following two reliefs. They are as under: (a) To call for a report from the second respondent/Deputy Superintendent of Police, Central Bureau of Investigation, Anti Corruption Branch, Shastri Bhavan, Chennai showing the progress of investigation and if necessary to monitor the investigation in the S.N.C. Lavalin case so as to ensure fair and proper investigation in the matter. (b) For a direction to respondents 1 and 2 in the writ petition to expedite the investigation in S.N.C. Lavalin case and complete the same within the time fixed by this court. 3. When the matter was posted before the court for admission, we had directed Sri.S.Sreekumar, learned counsel for the Central Bureau of Investigation to submit a report before us indicating the progress made in the investigation, which was entrusted to the Central Bureau of Investigation by this court while disposing of R.P. No.1154 of 2006 on 16th January, 2007. WPC.2588/2008. 2 4. Pursuant to the direction issued by us, Sri.S.Sreekumar has filed a progress report regarding the investigation in a sealed cover. 5. At the time of the hearing of this writ petition, we have opened the sealed cover and also we have perused the progress made by the Central Bureau of Investigation regarding the investigation in S.N.C. Lavalin case. Having gone through the report, we are satisfied that substantial progress has been made by the Central Bureau of Investigation. 6. In view of the above, the first part of the prayer sought for by the petitioner in the writ petition would not survive for consideration of this court. Secondly, the investigation is done by a reputed organisation of the Central Government. It is this organisation which has a high reputation and in fact the citizens of this country has full faith in the investigation done by this organisation. Therefore, in our opinion, they do not require a Head Master to monitor their investigation. Therefore, the second part of the first prayer need not be granted by us. 7. Regarding the second prayer, Sri.Sreekumar, learned counsel appearing for the Central Bureau of Investigation, would submit that they require another nine months' time to complete the investigation as directed by this court. 8. Keeping in view the facts and circumstances of the case, we are of the opinion that if six months' time is granted to the respondents to complete the investigation and submit a report before the appropriate forum, that should satisfy the interests of the petitioner also. 9. In view of the above, the progress report submitted by the respondents in the sealed cover is once again kept in the sealed cover, since we do not intend to make it public and if it is done, it may impede the on going investigation that WPC.2588/2008. 3 is being done by the Central Bureau of Investigation. 10. In view of the above, while rejecting the first prayer sought for by the petitioner, we grant another six months' time from today to the second respondent to complete the investigation and submit a report before the appropriate forum. We also reserve liberty to respondents 1 and 2 in the writ petition to approach us for extension of time, if for any genuine reason they are not in a position to complete the investigation within the time fixed by us. With these observations and directions, the writ petition is disposed of. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb/DK.