2017 (1) TMI 1520 - SC - Indian Laws

Proper authority to receive complaints of whistle blowers and to protect such whistle blowers from victimisation and physical violence, in the absence of legislation to this effect - Held that - the issue canvassed at the hands of the learned Counsel for the Petitioners, through the instant petition, has been suitably addressed, insofar as the judicial process is concerned. And that, no further judicial orders are called for, at this stage - learned Counsel for the Petitioners, expresses dissatisfaction with the proposed amendments, which had been accepted by the Lok Sabha to the Whistle Blowers Protection Act, 2011 (as originally assented to by the President of India, on 09.05.2014). It is, however, not possible for us to engage ourselves with the aforesaid debate, at this juncture - petition disposed off.

Summary

Issues:
1. Implementation of administrative instructions for protection of whistle blowers.
2. Progress and monitoring of protection of whistle blowers by the Central Vigilance Commission.
3. Enactment and implementation of the Whistle Blowers Protection Act, 2011.

Issue 1: The Supreme Court addressed the implementation of administrative instructions for protecting whistle blowers. The Court noted that an administrative notification was issued by the Ministry of Personnel, Public Grievance and Pension, Government of India, on 21.04.2004, for the protection of whistle blowers. Despite various amendments and monitoring by the Court, concerns were raised regarding the progress made in providing protection to whistle blowers. The Court directed the Central Vigilance Commission (CVC) to submit a report on the progress made, complaints received, actions taken, and cases where independent investigations were directed. The Court also required the CBI to respond to specific allegations and provide protection to whistle blowers against harassments. The Court actively monitored the process and allowed suggestions from the Petitioners to enhance protection measures.

Issue 2: The Supreme Court reviewed the progress and monitoring of protection of whistle blowers by the Central Vigilance Commission. The Court issued multiple orders directing the CVC to submit reports on complaints received, actions taken, and protection provided to whistle blowers. The Court considered suggestions from the Petitioners and responses from the CVC and CBI. The Court emphasized the importance of transparency and credibility in the functioning of the CVC and allowed time for further examination and responses from the concerned parties.

Issue 3: The Supreme Court discussed the enactment and implementation of the Whistle Blowers Protection Act, 2011. Despite the Act being passed by both Houses of Parliament and approved by the President of India, it had not been brought into force. The Court required the Solicitor General to respond to concerns raised by the Petitioners regarding the delay in implementing the Act. The Solicitor General highlighted deficiencies in the Act and proposed amendments to address conflicts with the Right to Information Act, 2005. The Lok Sabha had passed the amended provisions, which were pending consideration in the Rajya Sabha. The Court acknowledged the steps taken by the government to address the issues raised and concluded that further judicial intervention was not necessary at that stage. The Court disposed of the petition, leaving room for future challenges to the enacted provisions if necessary.