Common Cause & Ors vs Union Of India & Ors

2. In so far as the first prayer is concerned, since Mr. Ranjit Sinha, the Director, Central Bureau of Investigation (for short the CBI) has admittedly superannuated on or about 2nd December, 2014 the question of his recusal from investigations and prosecutions being carried out by the CBI in respect of cases arising out of what is now commonly known as the Coal Block Allocations case has become infructuous. We are, therefore, concerned only with the second prayer in the application.

5. It is not necessary to go into the detailed background of the case since all the facts are on record in the judgment delivered by this Court in Manohar Lal Sharma v. Principal Secretary and Ors.[1] Nevertheless, some facts are necessary for the purposes of a decision on these applications.

8. Acting on the above order, the Director, CBI filed the requisite affidavit on 26th April, 2013. When the case was taken up on 30th April, 2013 the affidavit filed by the Director, CBI was perused and this Court was of the view that the following aspects needed to be clarified by the Director, CBI:

9. It was directed that an affidavit giving the above information may be filed by the Director, CBI by 6th May, 2013 and the case was then adjourned to 8th May, 2013. As required, the Director, CBI filed a further affidavit in this regard on 6th May, 2013.

11. It is in the background of the above broad facts relating to the secrecy (and purity) of the investigations that IA No. 13/2014 appears to have been moved by Common Cause with some additional facts having come to its notice after the aforesaid orders were passed by this Court. Pleadings and documents

16. An additional affidavit dated 5th September, 2014 was also filed in support of IA No. 73 of 2014 in which it was prayed that this Court should “order an SIT investigation into the gross abuse of authority committed by the CBI Director in trying to scuttle investigations and prosecutions being carried out by the CBI in 2G scam cases and other prominent cases…”

With the above observations, I.A. No. 73 of 2014 (application for directions) is disposed of.”[3]

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.

45. Accordingly, Criminal Misc. Petition No. 387 of 2015 is dismissed.

46. With regard to IA No. 13 of 2014, since we have held that it was completely inappropriate for Mr. Ranjit Sinha to have met persons accused in the Coal Block Allocation case without the investigating officer being present or without the investigating team being present, it is necessary to look into the question whether any one or more such meetings of Mr. Sinha with accused persons without the investigating officer have had any impact on the investigations and subsequent charge sheets or closure reports filed by the CBI. We require assistance in this matter, particularly for determining the methodology for conducting such an inquiry. For rendering assistance to us in this regard, notice be issued to the Central Vigilance Commission returnable on 6th July, 2015.

...…………………….J (Madan B. Lokur) ...…………………….J (Kurian Joseph) ...…………………….J (A.K. Sikri) New Delhi;

May 14, 2015