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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Shantanu Guha Ray – Appellant
Versus
Union of India – Respondent
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 Peti
The court upheld the sufficiency of the CBI's investigation and action, emphasizing the absence of justification for monitoring the trial.
The court found that the scheduled offences alleged against the applicant were not established, and therefore, the provisions of PMLA could not be attracted to the present case. The court granted bai....
The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.
Lawfulness of call recording activities requires consent; absence of dishonest intent under IPC prevents cognizable charges, and no proceeds of crime established under PMLA.
The court established that a writ of mandamus cannot be issued to direct an investigation by a specific agency unless there is a prima facie case supported by substantial evidence, and that alternati....
The main legal point established in the judgment is the significance of SEBI's findings in establishing the misuse of Power of Attorney, misappropriation of funds, and securities belonging to investo....
Proceedings under the Prevention of Money Laundering Act cannot exist independently of a valid scheduled offence. If the underlying FIR is quashed for failing to disclose a cognizable offence, the 's....
High Court under Art.226 won't direct FIR or CBI probe absent exceptional circumstances, respecting prior binding judicial determinations.
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