2014 (8) TMI 1146 - HC - Indian Laws

Seeking Copies of 8 files pertaining to the licences, which had been obtained from the Department of Telecom - petitioner contends that atleast copies of those documents should be made available to the petitioner in order that he is in a position to fairly defend the Show Cause Notices - Held that - It is noticed that the 8 files pertain to the application that had been filed by the petitioner itself and not by any third party. The said files would, indisputably, be relevant for the purposes of defending the allegations that had been made against the petitioner - it would only be fair, if copies of the said documents are also made available to the petitioner. The respondents are directed to furnish copies of the relevant files obtained from the Department of Telecom to the petitioner, on the petitioner depositing the costs for the photocopies and other attendant charges - petition allowed.

Summary

Issues:
1. Request for release of documents not relied upon in Show Cause Notices.
2. Request for copies of 8 files pertaining to WPC Licences impugned in Show Cause Notices.

Analysis:

Issue 1: Request for release of documents not relied upon in Show Cause Notices
The petitioner filed a writ petition seeking a writ of mandamus or other appropriate order to release documents seized from the petitioner but not used in the Show Cause Notices. The respondent agreed to allow the petitioner's authorized representative to collect the non-relied upon documents after prior intimation, resolving this part of the dispute. However, the respondent refused to provide copies of 8 files related to WPC licences obtained from the Department of Telecom, stating that these files needed to be returned to the Department. The petitioner argued that access to these documents was crucial for a fair defense against the allegations. The court acknowledged the relevance of these files to the petitioner's defense and directed the respondents to provide copies of the pertinent files upon the petitioner depositing costs for photocopies and other charges within one week.

Issue 2: Request for copies of 8 files pertaining to WPC Licences impugned in Show Cause Notices
The counter affidavit filed by the respondents indicated that the files concerning the petitioner's licence applications were examined and considered while forming an opinion of the petitioner's alleged offenses. The petitioner contended that having copies of these documents was essential for a fair defense against the Show Cause Notices. The court recognized the significance of the 8 files directly related to the petitioner's applications for WPC licences. It ruled in favor of the petitioner, ordering the respondents to provide copies of these files obtained from the Department of Telecom to facilitate a fair defense. The judgment highlighted the importance of access to these documents for the petitioner's ability to respond adequately to the allegations made against them.

In conclusion, the writ petition was disposed of with the direction for the respondents to furnish copies of the relevant files to the petitioner within one week, upon payment of necessary charges. The judgment emphasized the principle of fairness and the right to access relevant documents for a robust defense in legal proceedings.