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TMI Blog2012 (2) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... Asok Kumar Ganguly, JJ. ORDER 1. By this order we are disposing of the prayer made by the appellants for appointment of a group of independent persons to assist the Court in monitoring the investigation being carried out by the Central Bureau of Investigation (CBI), the Enforcement Directorate and the Income Tax Department in '2G case'. 2. The writ petition filed by the appellants before the Delhi High Court for ordering an investigation by the CBI or a Special Investigation Team into what was termed as '2G Spectrum Scam' for unearthing the role of respondent no. 5 Shri A. Raja, the then Union Minister, Department of Telecommunications, senior officers of the department, middlemen, businessmen and others was dismissed by the Delhi High Court vide order dated 25.5.2010. 3. The appellants challenged the order of the Delhi High Court in SLP(C) No. 24873/2010. By a detailed order dated 16.12.2010, this Court granted leave and issued the following directions: "(i) CBI shall conduct thorough investigation into various issues highlighted in the report of the Central Vigilance Commission, which was forwarded to the Director, CBI vide letter dated 12-10-2009 and the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion into the FIR already registered or which may be registered hereinafter." 4. In furtherance of the directions given by the Court, the CBI, the Directorate of Enforcement and the Income Tax Department have, from time to time, submitted reports showing the progress made in the investigation of 2G case. After considering the objections raised on behalf of the Union of India, this Court by order dated 11.4.2001 decided the issue relating to appointment of the Special Public Prosecutor. 5. During the hearing of the case Shri Prashant Bhushan, learned counsel for the appellants repeatedly made a request for appointment of a group of independent persons to assist the Court in monitoring the investigation, which request was strongly opposed by Shri K.K. Venugopal. 6. Shri Prashant Bhushan, submitted that keeping in view the nature of the case in which political and executive functionaries of the State have connived with the businessmen for causing loss to the public exchequer to the tune of many thousand crore rupees, some of whom have already been chargesheeted before the Special Judge, CBI, this Court should appoint independent persons for assistance in monitoring the furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petition filed under Article 32 of the Constitution and ordered investigation by the CBI into what came to be known as 'Hawala Case'. After considering the reports submitted from time to time, the three-Judge Bench examined different facets of the need of an independent agency to investigate the cases of corruption by public servants and issued several directions concerning the CBI, the Central Vigilance Commission, the Enforcement Directorate, etc., including the following: "58. As a result of the aforesaid discussion, we hereby direct as under: I. CENTRAL BUREAU OF INVESTIGATION (CBI) and CENTRAL VIGILANCE COMMISSION (CVC) 1. The Central Vigilance Commission (CVC) shall be given statutory status. 2. Selection for the post of Central Vigilance Commissioner shall be made by a Committee comprising the Prime Minister, Home Minister and the Leader of the Opposition from a panel of outstanding civil servants and others with impeccable integrity, to be furnished by the Cabinet Secretary. The appointment shall be made by the President on the basis of the recommendations made by the Committee. This shall be done immediately. 3. The CVC shall be responsible for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. (1) There shall be constituted a body to be known as the Central Vigilance Commission to exercise the powers conferred upon, and to perform the functions assigned to it under this Act and the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) which ceased to operate, and continued under the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD III, dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to be the Commission constituted under this Act. (2) The Commission shall consist of- (a) a Central Vigilance Commissioner - Chairperson; (b) not more than two Vigilance Commissioners -Members. (3) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons- (a) who have been or are in an All-India Service or in any civil service of the Union or in a civil post under the Union having knowledge and experience in the matters relating to vigilance, policy making and administ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial;" 10. A combined reading of the directions given by this Court in Vineet Narain's case (supra) and Sections 8(1)(a), 8(1) (b) and 8(1)(e) of the 2003 Act makes it clear that the Central Vigilance Commission is required to exercise superintendence over the functioning of the Delhi Special Police Establishment in matters relating to the investigation of offences allegedly committed under the Prevention of Corruption Act and/or an offence with which a public servant specified in sub-section (2) of Section 8 of the 2003 Act is charged at the same trial and give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under Section 4(1) of the 1946 Act. However, in view of proviso to Section 8(1)(b) of the 2003 Act the Central Vigilance Commission cannot, while exercising the power of superintendence under clause (a) or giving directions under clause (b), direct Delhi Special Police Establishment to investigate or dispose of any case in a particular manner. In other words, the power of superintendence cannot be used by the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X
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