IMPORTANT POINTS
Investigations must not only be fair but must appear to have been conducted in a fair manner.
Whistleblower accessing documents cannot be blamed, more so when the action is in public interest.

ORDER

Madan B. Lokur, J.

1. The prayer in IA No.13/2014 filed by Common Cause & others is two-fold:

(1) Direct Mr. Ranjit Sinha, Director CBI, not to interfere in the coal block allocation case investigations and prosecutions being carried out by the CBI and to recuse himself from these cases.

(2) Direct an SIT appointed by the Hon’ble Court to investigate the abuse of authority committed by the CBI Director in order to scuttle inquires, investigations and prosecutions being carried out by the CBI in coal block allocation cases and other important cases.

2. In so far as the first prayer is concerned, since Mr. Ranjit Sinha, the Director, Central Bureau of Investigation (for short the CBI) has admittedly superannuated on or about 2nd December, 2014 the question of his recusal from investigations and prosecutions being carried out by the CBI in respect of cases arising out of what is now commonly known as the Coal Block Allocations case has become infructuous. We are, therefore, concerned only with the second prayer in the application.

3. The prayer in Crl. MP No.387/2015 filed by Mr. Ranjit Sinha is as follows:

A. Direct the concerned Police Station to register an FIR against Mr. Prashant Bhushan, the Petitioner Association (i.e. Common Cause) and Mr. Kamal Kant Jaswal for making deliberate and intentional false statements on oath and before this Hon’ble Court in these proceedings,

B. Pass other or further orders as may be deemed fit and proper.

4. We propose to consider both these applications since we have heard submissions on them.

5. It is not necessary to go into the detailed background of the case since all the facts are on record in the judgment delivered by this Court in Manohar Lal Sharma v. Principal Secretary and Ors., (2014) 2 SCC 532 Nevertheless, some facts are necessary for the purposes of a decision on these applications.

6. During the course of hearing of the writ petition on 24th January, 2013 and in response to a query made by this Court, a statement was made by the learned Additional Solicitor General that on the next date of hearing, the status of the investigations (into the allotment of coal blocks) shall be made known to this Court through an affidavit filed by a competent authority. The case was then adjourned to 12th March, 2013.

7. Pursuant to the statement made by the learned Additional Solicitor General, a status report was filed by the CBI on 8th March, 2013 in a sealed cover. This status report was perused on 12th March, 2013 and upon a consideration of the entire matter, this Court required an affidavit to be filed by the Director, CBI that the status report submitted was vetted by him and nothing therein has been shared with the political executive. He was also required to state on affidavit that the same procedure would be followed in respect of subsequent status reports that may be filed in this Court. The status report was then re-sealed and the case adjourned to 30th April, 2013.

8. Acting on the above order, the Director, CBI filed the requisite affidavit on 26th April, 2013. When the case was taken up on 30th April, 2013 the affidavit filed by the Director, CBI was perused and this Court was of the view that the following aspects needed to be clarified by the Director, CBI:

“(i) As to why in the status report dated 08.03.2013 no disclosure was made to this Court that the draft report has been shared with the political executive and officials.

(ii) What was the basis and reasons for the C.B.I. in making the statement on 12.03.2013 through its counsel (Additional Solicitor General) before this Court that the status report dated 08.03.2013 has not been shared with any one and it is meant only for the Court.

(iii) In the affidavit now filed by the Director, C.B.I. on April 26, 2013 it is stated that the draft of the status report dated March 8, 2013 was shared with the Minister of Law & Justice as desired by him prior to its submission before this Court and it was also shared with Joint Secret