W.P.(C) No.3903/2011 Page 1 of 10

*IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 17^th December, 2015

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W.P.(C) No.3903/2011

DEEPAK ANAND

….. Petitioner

Through:

Petitioner-in-person.

Versus

UNION OF INDIA & ORS.

….. Respondents

Through:

Mr. Abhay Prakash Sahay, CGSC

with Mr. Deepak Gupta, Adv. for R-

1/UOI.

Ms. Sonia Mathur with Mr. Sushil

Kumar Dubey, Advs. for CBI.

IO Mohit Kumar.

CORAM:-

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

RAJIV SAHAI ENDLAW, J

1. The petitioner, an Advocate, has filed this petition as a Public Interest

Litigation (PIL) seeking a direction to the Ministry of Home Affairs,

Government of India to constitute an independent Special Investigating Team

(SIT) or the Special Task Force (STF) for fair, unbiased, impartial and proper

investigation of case FIR No.878/2000 of Police Station Kalkaji, New Delhi

and to “expose the fake stamps scams and book all the persons involved in the

crime”.

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W.P.(C) No.3903/2011 Page 2 of 10

2. The petition was entertained and the respondent no.2 Central Bureau of

Investigation (CBI) directed to file and has filed an affidavit and to which a

rejoinder was filed by the petitioner.

3. The petitioner, in the petition has sought to justify the relief by pleading

i) that though the accused in the FIR had disclosed getting supply of fake

stamps from one Hemant Dubey of Mumbai but after the investigation of the

case was taken over by the CBI, the CBI surprisingly not only gave a clean chit

to the said Hemant Dubey but also cited him as a prosecution witness in the

charge sheet; ii) that from what has emerged in the investigation, it is evident

that apart from the “Telgi Scam”, there was another fake stamp scam which was

run parallel to Telgi Scam; iii) that though the fake stamp scam of Abdul Karim

Telgi had come to an end with the recovery of his printing press in June, 2002,

the parallel scam of Hemant Dubey and others is yet to be unearthed.

4. The respondent no.2 CBI in its counter affidavit has pleaded that:

i)

The petition is based on baseless presumptions.

ii)

The contention in the petition that the fake stamps recovered were

printed by Hemant Dubey is devoid of any merits.

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W.P.(C) No.3903/2011 Page 3 of 10

iii)

Earlier also several writ petitions were filed by accused persons in

fake stamp cases registered with CBI raising similar issues as in

the present PIL and all the writ petitions were dismissed.

iv)

Since the accused persons failed to scuttle the progress of the trial

of the said cases, they have now got the present writ petition filed.

v)

The role of Hemant Dubey was probed but except the allegation of

accused Narender Singh nothing substantial came on record which

could have formed the basis for prosecuting Hemant Dubey in the

said cases.

vi)

The cases relating to Telgi Fake Stamps Scam were assigned to

CBI by the Supreme Court.

vii)

The petitioner has a vested interest in filing this PIL; he wants to

delay the course of trial of the said cases;

viii) The charge sheets filed by the CBI in fake stamps cases are

supported with quality oral and documentary evidence and this fact

has been approved by several judgments by different Courts in

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W.P.(C) No.3903/2011 Page 4 of 10

such cases wherein number of accused persons have already been

convicted.

ix)

Therefore it is wrong to say that the investigation by CBI is

questionable.

x)

The claim as made in this