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2023 Supreme(Del) 4570

IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Shantanu Guha Ray – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(Cr) 2114 of 2020 & Cr.M.A. Nos. 5389 of 2022, 17583 of 2022
Decided On : 23-05-2023

Advocates appeared:
Mr. Peeyoosh Kalra, Mr. Sudhindra Tripathi, Mr. Rohan J. Kapoor, Ms Nikita Anand, Mr. Yaswant S Singh Baghel, Advocates with Petitioner in person.
Mr. Dev. P. Bhardwaj and Ms. Anubha Bhardwaj, Mr. Sachin Singh and Ms. Divyanshi Shrivastava, Advocates for the Respondent.
Mr. Anupam S. Sharrma, SPP, CBI with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Abhishek Batra and Mr. Ripudaman Sharma, Advocates with DSP Pushal Paul, CBI.

The court upheld the sufficiency of the CBI's investigation and action, emphasizing the absence of justification for monitoring the trial.

Headnote:

Coal Scam - Public Interest Litigation - Prevention of Corruption Act, 1988, Indian Telegraph Act, 1885, Information Technology Act, 2000 - The court analyzed the investigation and charge-sheets filed by the CBI in a case related to the NSE co-location architectural system and illegal activities by various individuals and entities. The court found that the CBI had taken appropriate action, and there was no justification for monitoring the trial. The Writ Petition/ PIL was disposed of.

Fact of the Case:

The petitioner, a journalist, filed a Public Interest Litigation (PIL) related to the Coal Scam and Airport scandal in Delhi, alleging abuse of position and illegal gains by certain individuals. The petitioner sought a writ of Mandamus to register FIR and submit status reports of investigation.

Finding of the Court:

The court found that the CBI had conducted thorough investigation, filed charge-sheets, and taken appropriate action. It concluded that there was no justification for monitoring the trial and disposed of the Writ Petition/ PIL.

Issues: Alleged abuse of position, illegal gains, failure to register FIR, and lack of action by the CBI.

Ratio Decidendi: The court's decision was based on the CBI's investigation, charge-sheets filed, and the absence of justification for monitoring the trial.

Final Decision: The Writ Petition/ PIL was disposed of.

JUDGMENT

Satish Chandra Sharma, C.J. The present Writ Petition has been filed as a Public Interest Litigation (PIL) by the Petitioner who has described himself as a journalist having specialization in investigative, business and human interest news features.

2. The Petitioner has stated that he has exposed Coal Scam in 2011 and Airport scandal in Delhi, and received various awards from time to time.

3. It has been stated that the PIL has been filed for the benefit for public at large and is aimed to uphold the integrity of the capital markets which form the integral and substantial part of the country's economy.

4. The Petitioner has further stated that he has lodged a complaint on 01.08.2017, and the persons named in the Writ Petition have abused their position and helped deviant brokers and politicians to make unlawful and illegal gains.

5. It is further contended that the wrongful gains to the deviant brokers are estimated to the tune of Rs.50,000/- crores to Rs.75,000/-. The Petitioner has further contended that he has filed a detailed complaint with Central Bureau Investigation (CBI), New Delhi on 01.08.2017. However, nothing was done in the matter, and, therefore, the Petitioner filed a Writ Petition before this Court i.e. W.P.(Crl.) No. 1042/2019, and same was listed on 22.05.2019. The CBI filed a status report in the matter and finally the Writ Petition was withdrawn by the Petitioner.

6. The Petitioner's contention is, as nothing was being done in the matter, he has been forced to file the present PIL. The Petitioner has prayed for the following reliefs.

    "(i) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 to register FIR on the basis of Petitioner's complaint dated 01.08.2017; and

    (ii) Issue a writ of Mandamus or any other appropriate writ, order or direction directing the Respondent No. 2 to submit the status report(s) of investigation conducted so far on Petitioner's complaint dated 01.08.2017 before this Hon'ble Court during the pendency of this writ petition; and/or;

    Pass such other/further order(s) or direction(s) as this Hon'bIe Court may deem fit and proper in the facts and circumstances of the case."

7. The matter was listed before this Court on various occasions, and on 02.09.2022 a status report dated 23.03.2022 was filed in sealed cover. It was also informed that there have been further developments in the matter, and this Court directed the Respondents to file a detailed status report as well as directed the CBI to file detailed and exhaustive reply in the matter.

8. The CBI has filed various status reports in the matter, and the status report filed vide order dated 02.09.2022 provides all minute details in respect of the investigation which has been carried out. Paragraph Nos. 1 to 16 read as under:

    "1. That while investigation was being conducted by the Respondent no.2-CBI in FIR/RC no AC1 2018 A0011/New Delhi relating to co-location architectural system of NSE which compromised integrity and functioning of NSE i.e. robustness/integrity of National Financial System, as narrated in initial status report dated 23.03.2022, Securities and Exchange Board of India (SEBI) passed an order dated11.02.2022 in the matter pertaining to issues at National Stock Exchange (NSE) relating to illegal appointment of Sh.Anand Subramanian as Chief Strategic Advisor ('CSA'), his Re-designation as 'Group Operating Officer' and Advisor to MD,NSE and against Ms. Chitra Ramkrishna for sharing of internal confidential information of NSE with unknown persons. Respondent no.2-CBI received a letter dated 05.03.2022 from the Ministry of Finance, Government of India to investigate the issues arising out of SEBI's final order dated 11.02.2022. Since the averments in the order dated 11.02.2022 passed by the SEBI were linked with the ongoing investigation being conducted by Respondent no.2-CBI in the above-mentioned FIR/RC, investigation was taken up immediately.

    2. That it was r

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