1. Coal block allocation cases - Time granted for affidavits; Special Public Prosecutor's assistance request allowed. (Para 1 , 4 )
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2014 Supreme(SC) 1364
SUPREME COURT OF INDIA
R.M. Lodha, CJI., Madan B. Lokur, Kurian Joseph, JJ.
Manohar Lal Sharma - Petitioner
Versus
Principle Secretary - Respondent
W.P. (Crl.) No(s). 120 of 2012 with W.P. (C) No. 463 of 2012, W.P. (C) No. 515 and 45 of 2012, W.P. (C) No. 283 of 2013
Decided On : 01-09-2014
Advocate Appeared:
Summan, Prashant Bhushan, Pranar Sachdeva, Govind Jee, Shloka Rawat, Akshaya M. Sudame, Ashwin J. Deshpande, Satyajit Desai, Anagha S. Desai, Jyoti Mendiratta, Mukul Rohatgi, Attorney General, Ranjit Kumar, Solicitor General, Maninder Singh, A.S.G., Arijit Prasad, Binu Tamta, Sushma Suri, D.S. Mahra, C.B.I, A. Saran, Sr. Adv., Amit Anand Tiwari, Sanchit Guru, Ashutosh Jha, Avinash Tripathi, K.K. Venugopal, Sr. Adv., Anip Sachthey, Mohit Paul, Saakaar Sardana, Ravindra Srivastava, Sr. Adv., Apoorv Kurup, C.D. Singh, Rathi Rohit, V.E. Shukla, Sakshi Kakkar, Coal Producers Asso., K.K. Venugopal, Sr. K.V. Vishwanathan, Sr. Sanjeev K. Kapoor, Gauri Rasgotra, Gaurav Juneja, Rajat Jariwal, Sahil Narang, For M/s Khaitan & Co. Sponge Iron Manu. Dr. Abhishek Manu Singhvi, Sr. Adv. Association Majesh Agarwal, Amit Bhandari, Parul Shukla, E.C. Agrawala, Adv. 3 Independent Power Shyam Divan, Sr. Adv. Producers Asso. of India Majesh Agarwal, Neeha Nagpal, Radhika Gautam, E.C. Agrawala, D. Mahesh Babu, Kirti Renu Mishra, Jharkhand Tapesh Kumar Singh, Mohd. Waquas, Kumar Anurag Singh, Sanjay Parikh, Aparna Bhat, Prachi Arya, Mamta Saxena, Tanima, Sr. Adv., Maharashtra Vivek Tankha, Sr. Adv. Varun Pathak, Ravi Prakash, Ankit Jain, A.P. Mayee, Adv. Cri.M.P. 17632/2014 & Cri.M.P. 17633/2014 Ratan K. Singh, (WP 120/2012) Suraj Prakash, Shashi Bhushan, Tushar Roy, Rauf Rahim, Adv. IA 11/2014 Gopal Jain, Sr. Adv. (WP 463/2012), Nandini Gore, Devina Sehgal, Tahira Karanjawala, Trishala Kulkarni, Manik Karanjawala, Adv. For M/s Karanjawala & Co. Braj Kishore Mishra, Mishra Saurabh, Vanshaja Shukala, Amkil Lal Kumar, Kamini Jaiswal, S. Udaya Kumar Sagar, Adv. 4 Ms. Hemantika Wahi, Jesal, Preeti Bhardwaj, Puja Singh, Fereshte D. Sethna, Anuradha Dutt, Vijayalakshmi Menon, Ekta Kapil, Akriti, Tarinee, Varun Mishra, Advocates.
Summan, Prashant Bhushan, Pranar Sachdeva, Govind Jee, Shloka Rawat, Akshaya M. Sudame, Ashwin J. Deshpande, Satyajit Desai, Anagha S. Desai, Jyoti Mendiratta, Mukul Rohatgi, Attorney General, Ranjit Kumar, Solicitor General, Maninder Singh, A.S.G., Arijit Prasad, Binu Tamta, Sushma Suri, D.S. Mahra, C.B.I, A. Saran, Sr. Adv., Amit Anand Tiwari, Sanchit Guru, Ashutosh Jha, Avinash Tripathi, K.K. Venugopal, Sr. Adv., Anip Sachthey, Mohit Paul, Saakaar Sardana, Ravindra Srivastava, Sr. Adv., Apoorv Kurup, C.D. Singh, Rathi Rohit, V.E. Shukla, Sakshi Kakkar, Coal Producers Asso., K.K. Venugopal, Sr. K.V. Vishwanathan, Sr. Sanjeev K. Kapoor, Gauri Rasgotra, Gaurav Juneja, Rajat Jariwal, Sahil Narang, For M/s Khaitan & Co. Sponge Iron Manu. Dr. Abhishek Manu Singhvi, Sr. Adv. Association Majesh Agarwal, Amit Bhandari, Parul Shukla, E.C. Agrawala, Adv. 3 Independent Power Shyam Divan, Sr. Adv. Producers Asso. of India Majesh Agarwal, Neeha Nagpal, Radhika Gautam, E.C. Agrawala, D. Mahesh Babu, Kirti Renu Mishra, Jharkhand Tapesh Kumar Singh, Mohd. Waquas, Kumar Anurag Singh, Sanjay Parikh, Aparna Bhat, Prachi Arya, Mamta Saxena, Tanima, Sr. Adv., Maharashtra Vivek Tankha, Sr. Adv. Varun Pathak, Ravi Prakash, Ankit Jain, A.P. Mayee, Adv. Cri.M.P. 17632/2014 & Cri.M.P. 17633/2014 Ratan K. Singh, (WP 120/2012) Suraj Prakash, Shashi Bhushan, Tushar Roy, Rauf Rahim, Adv. IA 11/2014 Gopal Jain, Sr. Adv. (WP 463/2012), Nandini Gore, Devina Sehgal, Tahira Karanjawala, Trishala Kulkarni, Manik Karanjawala, Adv. For M/s Karanjawala & Co. Braj Kishore Mishra, Mishra Saurabh, Vanshaja Shukala, Amkil Lal Kumar, Kamini Jaiswal, S. Udaya Kumar Sagar, Adv. 4 Ms. Hemantika Wahi, Jesal, Preeti Bhardwaj, Puja Singh, Fereshte D. Sethna, Anuradha Dutt, Vijayalakshmi Menon, Ekta Kapil, Akriti, Tarinee, Varun Mishra, Advocates.
The court may grant requests for extensions of time to file affidavits and allow the appointment of assisting prosecutors for a Special Public Prosecutor if such requests are deemed reasonable to facilitate the legal proceedings.
Headnote:(A) Procedural Law - Filing of affidavits - Extension of time - Request for additional time to file affidavits found reasonable - Extension granted. (Paras 1-2)
(B) Criminal Procedure - Special Public Prosecutor - Assistance in prosecution - Request for assistance from Senior Public Prosecutors found reasonable - Assistance ordered. (Paras 4-5)
Facts of the case:
In a matter involving the allocation of natural resources, various parties requested additional time to file their respective affidavits. Additionally, the investigating agency reported that the Special Public Prosecutor had requested the attachment of three Senior Public Prosecutors to assist in the conduct of the cases.
Findings of Court:
The court held that the prayer for an extension of time to file affidavits was reasonable. It further found that the request made by the Special Public Prosecutor for assistance from three Senior Public Prosecutors was reasonable and should be accepted.
Issues: Whether the requests for additional time to file affidavits and for the provision of assisting prosecutors for the Special Public Prosecutor should be granted.
Ratio Decidendi: Requests for extension of time for filing documentation and for the assignment of assisting prosecutors to a Special Public Prosecutor may be granted if the court finds such requests to be reasonable and necessary for the administration of justice.
Result: Prayer for time granted and request for assistance accepted.
Legal Category Hierarchy
Table of Contents
2. Court found the prayer for time and request for prosecution assistance reasonable. (Para 2 , 5 )
3. Time extended for filing affidavits; matter listed for next hearing; prosecution assistance ordered. (Para 2 , 3 , 5 )
4. When will a court approve a Special Public Prosecutor's request for assistance of additional prosecutors?
The court will approve the request if it is satisfied that the request is reasonable and necessary for the conduct of the cases. (Para 5 )
JUDGMENT :
1. In light of paragraph 157 of our judgment of August 25, 2014, Mr. Mukul Rohatgi, learned Attorney General, Mr. K.K. Venugopal, learned senior counsel for Coal Producers Association and Dr. Abhishek Manu Singhvi, learned senior counsel for Sponge Iron Manufacturers Association made their submissions. They and also learned senior counsel for the Independent Power Producers Association of India prayed for some time to file respective affidavits.
2. Their prayer is reasonable. The affidavits may be filed by the Union of India and the above three Associations by September 8, 2014.
3. List the matters on September 9, 2014 at 10.30 A.M.
4. A report dated 01.09.2014 has been submitted by the Central Bureau of Investigation (CBI). It is stated that Shri R.S. Cheema has been appointed as Special Public Prosecutor by the Government of India vide notification dated 27.08.2014 in cases pertaining to allocation of coal blocks as per this Court's order dated 25.07.2014. It is also stated in the report that Shri R.S. Cheema has now requested for attachment of three Senior Public Prosecutors, namely, (1) Shri A.P. Singh, Senior Public Prosecutor, ACB CBI, Guwahati, (2) Shri Sanjay Kumar, Senior Public Prosecutor, Special Crime-1, CBI Headquarter, New Delhi and (3) Shri V.K. Sharma, Senior Public Prosecutor, ACB, CBI, Delhi to assist him in cases pertaining to allocation of coal blocks.
5. We are satisfied that the request made by Special Public Prosecutor, Shri R.S. Cheema is reasonable and may be accepted. We order accordingly. We direct that the above three Senior Public Prosecutors working with CBI shall assist Shri R.S. Cheema, Special Public Prosecutor.
