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2012 (5) TMI 776 - SC - Indian LawsRelief and Rehabilitation Programmes - Held that -a) The issues specified at point 1(a) and 1(b) of the CEC Report dated 20th April, 2012 are hereby referred for investigation by the Central Bureau of Investigation. b) All the proceedings in relation to these items, if pending before any Court, shall remain stayed till further orders of this Court. The CBI shall complete its investigation and submit a Report to the Court of competent jurisdiction with a copy of the Report to be placed on the file of this Court within three months. c) The Report submitted by the CEC and the documents annexed thereto shall be treated as 'informant's information to the investigating agency' by the CBI. d) The CBI shall undertake investigation in a most fair, proper and unbiased manner uninfluenced by the stature of the persons and the political or corporate clout, involved in the present case. It will be open to the CBI to examine and inspect the records of any connected matter pending before any investigating agency or any court. e) The competent authority shall constitute the special investigating team, headed by an officer not below the rank of Additional Director General of Police/Additional Commissioner forthwith. f) Any investigation being conducted by any agency other than CBI shall also not progress any further, restricted to the items stated in Clause (a) above, except with the leave of the Court. The CBI shall complete its investigation uninfluenced by any order, inquiry or investigation that is pending on the date of passing of this order. g) This order is being passed without prejudice to the rights and contentions of any of the parties to the lis, as well as in any other proceedings pending before courts of competent jurisdiction and the investigating agencies. h) All pleas raised on merits are kept open. i) We direct all the parties, the Government of the States of Andhra Pradesh, Karnataka and all other government departments of that and/or any other State, to fully cooperate and provide required information to CBI.
Issues Involved:
1. Opportunity of being heard by CEC. 2. Jurisdiction and scope of CEC's enquiry. 3. Sub-judice matters and transfer of investigation to CBI. Issue-wise Detailed Analysis: Opportunity of Being Heard by CEC: The affected parties contended that the Central Empowered Committee (CEC) submitted its report without providing them an opportunity of being heard. However, the court observed that the CEC is not vested with investigative powers akin to those under the Code of Criminal Procedure. The CEC's role is to report to the court on environmental and illegal mining issues, not to determine rights of parties. Therefore, the court concluded that no prejudice was caused to the affected parties by the CEC's actions, as the court itself had heard the parties independently. Jurisdiction and Scope of CEC's Enquiry:Parties argued that the CEC exceeded its jurisdiction and enlarged the scope of its enquiry beyond the court's reference. The court, however, noted that its orders and the scope of proceedings were comprehensive enough to allow the CEC to examine all ancillary matters related to environmental degradation and illegal mining. The court emphasized that the CEC's mandate was broad, covering all issues that could impact the environment and illegal mining activities in Karnataka and Andhra Pradesh. Sub-judice Matters and Transfer of Investigation to CBI:The affected parties argued that the matters pointed out by the CEC were sub-judice before competent courts and investigating agencies, and hence, the Supreme Court should not direct the CBI to investigate. The court rejected this contention, stating that not all facts presented by the CEC were sub-judice. Specifically, the court highlighted that the issues of land de-notification and donations to Prerna Education Society were not entirely covered by pending cases. The court further explained that the Code of Criminal Procedure allows for further investigation even after a charge sheet has been filed, to ensure a fair and comprehensive investigation. The court emphasized the need for a specialized agency like the CBI to investigate the interconnected illegalities and irregularities comprehensively. Conclusion and Directions:The court directed the CBI to investigate the issues specified in the CEC's report dated 20th April, 2012, particularly focusing on the land de-notification and donations to Prerna Education Society. All ongoing proceedings related to these issues were stayed, and the CBI was instructed to complete its investigation within three months. The CBI was also directed to conduct the investigation fairly and without influence from political or corporate entities. The court mandated full cooperation from the governments of Andhra Pradesh and Karnataka, and all other relevant government departments. Further Proceedings:The matter was scheduled for further consideration on 3rd August, 2012, to address the CEC's report dated 27th April, 2012.
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