IMPORTANT POINT
Machinery of criminal investigation – powers of court.

ORDER

Swatanter Kumar, J.-By this order we will deal with and dispose of, the recommendations made by the Central Empowered Committee (for short, ‘CEC’) in its report dated 20th April, 2012. Since we have heard the affected parties, the petitioners and the learned Amicus Curiae, we shall summarize the contentions of the learned counsel for the respective parties. The learned counsel appearing for the affected parties contended:

(a) CEC has submitted its report without providing them an opportunity of being heard.

(b) CEC has exceeded its jurisdiction and enlarged the scope of the enquiry beyond the reference made by the Court. Thus, the Court should not accept any of the recommendations made by the CEC.

(c) In relation to the alleged irregularities and illegalities pointed out in the report of the CEC, even where criminality is involved or criminal offences are suspected, the matters are sub judice before the Court of competent jurisdiction. Thus, this Court should not pass any orders for transferring the investigation of such offences to the Central Bureau of Investigation (for short ‘CBI’) as it would seriously prejudice their interests.

2. In order to deal with these contentions, it is necessary for this Court to briefly refer to the background of these cases, which has resulted in the filing of the unnumbered IA in Writ Petition No. 562/2009 and the peculiar facts and circumstances in which the CEC has made its recommendations.

3. Concerned with the rampant pilferage and illegal extraction of natural wealth and resources, particularly iron ore, and the environmental degradation and disaster that may result from unchecked intrusion into the forest areas, this Court felt compelled to intervene. Vide its order dated 9th September, 2002 in T.N. Godavarman Thirumalpad v. Union of India & Ors.1 [W.P.(C) No. 202 of 1995], this Court constituted the CEC to examine and monitor the various activities infringing the laws protecting the environment and also the preventive or punitive steps that may be required to be taken to protect the environment. In addition to this general concern for the environment, the order of this Court dated 9th September, 2002, this Court noted violations of its Orders and directed that the CEC shall monitor implementation of all orders of the Court and shall place before it any unresolved cases of non-compliance, including in respect of the encroachments, removals, implementations of working plans, compensatory afforestation, plantations and other conservation issues. In furtherance to the said order, the Government framed a notification in terms of Section 33 of the Environment Protection Act, 1996. The CEC constituted by this Court was proposed to be converted into a Statutory Committee. The draft notification for the same was also placed before this Court on 9th September, 2002. After approval, the Court directed that a formal notification will be issued within a week and the functions and responsibilities given to the CEC were to be exercised by the said Statutory Committee. In fact, this Notification was issued on 17th September, 2002.

4. It may be noticed here that, it was in furtherance to the order of the Government of Andhra Pradesh vide G.O.M No. 467, Home (SCA) Dept. dated 17th November, 2009, supplemented by Notification No. 228/61/2009-AVD-11 dated 1st December, 2009 issued by the Central Government, that the CBI was directed to register a case against the Obulapuram Mining Company (OMC). Earlier the CBI had registered a case against the OMC on 7th December, 2009 and started the probe. This probably came to be stayed by the High Court vide its order dated 12th December, 2009 which stay was vacated by another order of that Court on 16th December, 2010 paving the way for a full- fledged probe. As a result of vacation of the stay, the CBI continued its investigation.

5. The CBI also filed a charge-sheet in a special court against the OMC, in an illegal mining case falling within the State of