Judgment :

Heard Ms. Indira Jaising, Additional Solicitor General, Mr. K.K. Venugopal, learned senior counsel for the Central Bureau of Investigation (CBI), Mr. Harin Raval, Additional Solicitor General appearing for the Enforcement Directorate (ED) and also Mr. Pranav Sachdeva, the learned counsel assisting Mr. Prashant Bhushan.

The question which this Court is now considering is the appointment of a Special Public Prosecutor, to conduct the prosecution on behalf of the CBI and the ED in the 2G Spectrum case, in which charge-sheet has been filed on April 2, 2011 and this Court has been told that a further charge-sheet is likely to be filed very soon.

From the various orders passed in this case on different dates, it is clear that this Court has not only directed CBI investigation in the matter, this Court has been monitoring the said investigation at various stages. This monitoring has been undertaken by this Court in view of the prayers made by the appellant and also in view of the very fair stand taken by the prosecuting agency, as also the Government of India, virtually inviting this Court's intervention in the matter of monitoring of the investigation. Having regard to the larger issues of public interest involved in proper investigation of the case and the ultimate unearthing of the crime, this Court has accepted such prayers of the parties.

Acting on such basis, this Court has given direction for establishing a separate Special Court to try this case and pursuant to such direction, a Special Court has been constituted after following the due procedure. All this will appear from various orders passed by this Court from time to time.

It may be noted that while monitoring this investigation, this Court, on the prayer made by the counsel for the parties, has also directed the CBI to take over the investigation in respect of the alleged suicide of one Mr. Sadik Batcha and pursuant to that direction, the CBI has expressed its willingness to take over the said investigation and in fact such investigation has been taken over by the CBI, as would appear from the communication dated April 7, 2011 issued by the Government of India, Ministry of Personnel, PG and Pension, Department of Personnel and Training to Ms. Indira Jaising, ASG. The requisite notification under section 5(1) of DSPE Act, 1946 has been issued.

From the aforesaid trend of events, it is clear that in larger public interest, this Court, in exercise of its power under Article 136 of the Constitution has been monitoring the investigation in a most comprehensive manner.

In view of those peculiar facts of this case, and various orders passed by it from time to time, this Court is of the opinion that in the matter of appointment of the Special Public Prosecutor, utmost fairness and objectivity should be observed. It is beyond dispute that for a successful prosecution, the appointment of a very competent Special Public Prosecutor is of the essence.

This Court is aware of the fact that normally, in matter of appointment of a Special Public Prosecutor, the Central Government or State Government, as the case may be, make such appointments. Since the Court is monitoring the case and it is of the view that a competent prosecution is of utmost importance, having regard to the demands of public interest, this Court requested Mr. K.K. Venugopal, learned senior counsel for CBI and ED, to suggest certain names of learned advocates who can undertake the responsibility of conducting the prosecution as a Special Public Prosecutor in the case.

On such request being made, Mr. K.K. Venugopal took some time and after considering several names suggested the name of Mr. U.U. Lalit, a senior advocate of this Court for being considered for appointment as Special Public Prosecutor.

There is unanimity among the learned counsel appearing for the parties, that Mr. Lalit is a lawyer of unimpeachable integrity, possessing unquestionable competence and independence to conduct the prosecution in