Case: Common Cause &amp; Others Vs. Union of India &amp; Others

but must appear to have been conducted in a fair manner. The fact that Mr. Sinha met some of the accused persons without the investigating officer or the investigating team being present disturbs us with regard to the fairness of the investigations. This is all the more so if we keep in mind the fact that in the 2G scam investigations, this Court had concluded in its order dated 20th November, 2011 that Mr. Ranjit Sinha should not interfere in the investigation and prosecution of the case relating to the 2G spectrum allocation and to recuse himself from the case. That an SIT was not ordered in the 2G spectrum case is not relevant. A view was taken that Mr. Sinha should be directed to not interfere in the investigations in that case and that, coupled with his meeting accused persons in the Coal Block Allocation case without the investigating officer being present, is enough to persuade us that some further inquiry is necessary to ensure that the investigations have been fair in the coal block allocation cases where Mr. Sinha has had one or more meetings with one or more accused persons. 37. Learned counsel appearing for the CBI passionately submitted that any adverse order that we may pass in this regard would irreparably damage the credibility of the CBI. In our opinion this argument is fallacious. If an independent inquiry shows that the CBI has acted fairly, it will enhance its institutional credibility and its image. On the other hand, if the independent inquiry shows that Mr. Ranjit Sinha managed to influence some specific investigations in the Coal Block Allocations case, it will serve the larger public interest and will enable the CBI to take appropriate corrective and remedial measures. Either way, through an independent inquiry the CBI will be the beneficiary rather than the loser. 38. While opposing IA No. 13/2014 and supporting Crl. MP No. 387/2015 Mr. Vikas Singh relied upon Perumal v. Janaki (2014) 5 SCC 377 )to contend that when a palpably false statement is made for extraneous reasons, it is an appropriate case for the exercise of jurisdiction under Section 195 of the Code of Criminal Procedure 1973 (for short the Code).39. Similarly, reference was made to State of Madhya Pradesh v. Narmada Bachao Andolan & Anr. (2011) 7 SCC 639 )where also this Court observed that it is a settled proposition of law that a false statement made in Court or in the pleadings to intentionally mislead the Court and to obtain a favourable order amounts to criminal contempt as it tends to impede the administration of justice. 40. On the other hand, Mr. Prashant Bhushan referred to Indirect Tax Practitioners Association v. R.K.Jain (2010) 8 SCC 281 )with regard to the growing acceptance of the phenomenon of a whistle blower. This Court observed that the respondent in that case was the whistle blower who had tried to highlight the malfunctioning of an important institution established for dealing with cases involving the revenue of the State and there was no reason to silence such a person by invoking the contempt powers of the Court under the Constitution or the Contempt of Courts Act, 1971. 41. Though the submissions made by Mr. Sinha’s learned counsel on the contents of his application were limited, the oral submissions spread over a larger canvas. It is submitted by Mr. Vikas Singh that Mr. Prashant Bhushan, Common Cause and Mr. Kamal Kant Jaswal have not only committed perjury but are also guilty of contempt of Court and additionally Mr. Prashant Bhushan has violated the provisions of the Official Secrets Act, 1923 by placing on record the official notes with regard to the case of the Dardas. We have considered Mr. Sinha’s application from all these angles.42. In our opinion, the submissions made by Mr. Vikas Singh in this regard do not deserve acceptance. It is true that this Court had required the Director, CBI to ensure, by its order dated 8th May, 2013 that the secrecy of the inquiries and investigations into the allocation of coal blocks is maintained. However, if somebody accesses documents that ought to be carefully maintained by the CBI, it is difficult to find fault with such a whistle blower particularly when his or her action is in public interest. It is another matter if the whistle blower uses the documents for a purpose that is outrageous or that may damage the public interest. In that event, it would be permissible for this Court or an appropriate Court to take action against the whistle blower, if he or she is identified. However, the present case is not of any such category. The whistle blower, whoever it is, acted purportedly in public interest by seeking to bring out what he or she believes is an attempt by Mr. Ranjit Sinha to scuttle the investigations into the affairs of the Dardas or others in the Coal Block Allocation case. As mentioned above, we are not considering whether the file notes actually disclose an attempt by Mr. Sinha to scuttle the investigations. All that is of relevance is whether the disclosure by the whistle blower was mala fide or not. We are of the opinion that the disclosures made by the whistle blower were intended to be in public interest.43. In these circumstances, it is difficult to hold that Mr. Prashant Bhushan or Common Cause or Mr. Kamal Kant Jaswal had any intention to mislead this Court in any manner, nor do we agree that they have perjured themselves. The file notes speak for themselves and any interpretation, even an allegedly twisted interpretation said to have been given to them, cannot fall within the realm of perjury.44. As far as the allegation that there has been a violation of the provisions of the Official Secrets Act, 1923 is concerned, we are of the opinion that the file notes in this case cannot be described as an ‘official secret’ for the purposes of prosecuting Mr. Prashant Bhushan.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]29. We are of the opinion that it is not at all necessary for us, nor is it advisable at this stage, to enter the thicket of allegations made by Common Cause with regard to the investigations relating to the Dardas or the alleged attempt by Mr. Ranjit Sinha to scuttle the investigations with regard to one or more of the accused persons in that case. What is of greater importance and what has caused us considerable concern is that neither Mr. Ranjit Sinha nor the CBI denies that Mr. Ranjit Sinha had met some persons, including the Dardas, who are accused of criminality in the Coal Block Allocations case without the investigating officer or the investigating team beingview was taken that Mr. Sinha should be directed to not interfere in the investigations in that case and that, coupled with his meeting accused persons in the Coal Block Allocation case without the investigating officer being present, is enough to persuade us that some further inquiry is necessary to ensure that the investigations have been fair in the coal block allocation cases where Mr. Sinha has had one or more meetings with one or more accusedour opinion this argument is fallacious. If an independent inquiry shows that the CBI has acted fairly, it will enhance its institutional credibility and its image.Though the submissions made by Mr.learned counsel on the contents of his application were limited, the oral submissions spread over a larger canvas. It is submitted by Mr. Vikas Singh that Mr. Prashant Bhushan, Common Cause and Mr. Kamal Kant Jaswal have not only committed perjury but are also guilty of contempt of Court and additionally Mr. Prashant Bhushan has violated the provisions of the Official Secrets Act, 1923 by placing on record the official notes with regard to the case of the Dardas. We have considered Mr.application from all these angles.42. In our opinion, the submissions made by Mr. Vikas Singh in this regard do not deserve acceptance. It is true that this Court had required the Director, CBI to ensure, by its order dated 8th May, 2013 that the secrecy of the inquiries and investigations into the allocation of coal blocks is maintained. However, if somebody accesses documents that ought to be carefully maintained by the CBI, it is difficult to find fault with such a whistle blower particularly when his or her action is in public interest. It is another matter if the whistle blower uses the documents for a purpose that is outrageous or that may damage the public interest. In that event, it would be permissible for this Court or an appropriate Court to take action against the whistle blower, if he or she is identified. However, the present case is not of any such category. The whistle blower, whoever it is, acted purportedly in public interest by seeking to bring out what he or she believes is an attempt by Mr. Ranjit Sinha to scuttle the investigations into the affairs of the Dardas or others in the Coal Block Allocation case. As mentioned above, we are not considering whether the file notes actually disclose an attempt by Mr. Sinha to scuttle the investigations. All that is of relevance is whether the disclosure by the whistle blower was mala fide or not. We are of the opinion that the disclosures made by the whistle blower were intended to be in public interest.43. In these circumstances, it is difficult to hold that Mr. Prashant Bhushan or Common Cause or Mr. Kamal Kant Jaswal had any intention to mislead this Court in any manner, nor do we agree that they have perjured themselves. The file notes speak for themselves and any interpretation, even an allegedly twisted interpretation said to have been given to them, cannot fall within the realm of perjury.44. As far as the allegation that there has been a violation of the provisions of the Official Secrets Act, 1923 is concerned, we are of the opinion that the file notes in this case cannot be described as an ‘officialfor the purposes of prosecuting Mr. Prashant Bhushan.