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2017 Supreme(SC) 60

ARUN MISHRA, AMITAVA ROY
COMMON CAUSE (A REGISTERED SOCIETY) – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners:Shanti Bhushan, Sr. Adv., Prashant Bhushan, Pramod Dayal, Nikunj Dayal, Ms. Payal Dayal, Prashant Bhushan, Pranav Sachdeva, Ms. Neha Rathi, Advocates.
For the Respondents:Mukul Rohatgi, (Attorney General for India), Tushar Mehta, ASG, Ms. V. Mohana, Sr. Adv., Abhinav Mukherji, Ms. Binu Tamta, (Contd.), Ms. Meenakshi Grover, Rajiv Rathore, M.K. Maroria, Ms. Sushma Suri, Braj Kishore Mishra, Amit Bhagat, Shekhar Kumar, C.A. Sundaram, Sr. Adv., G. Ramakrishna Prasad, Suyodhan Byrapaneni, Mohd. Wasay Khan, Ms. Filza Moonis, Bharat J. Joshi, Jagat Arora, Rajat Arora, Ms. Ritu Arora, Anuvrat Sharma, Advocates.
For the NCT of Delhi :- Chirag Shroff, Hemant Arya, Ms. Neha Shangaran, Advocates.

ORDER

We have heard learned counsel for the parties at length, as to Interlocutory Application Nos. 3 and 4 of 2017 filed in Writ Petition(Civil) No.505 of 2015.

2. The writ petition has been filed by the Common Cause (A registered Society) and others for issuance of appropriate writ for setting aside the appointment made by the Union of India, of Respondent No.2 Mr. K.V. Chaudhary as Central Vigilance Commissioner and Mr. T.M. Bhasin as Vigilance Commissioner on various grounds as enumerated in the petition, pointing out that these persons are not of impeccable integrity.

3. In I.A. No.3/2016 it is averred that, Central Bureau of Investigation (in short 'the C.B.I.') conducted raid on the premises of Aditya Birla group industries in four cities on 15.10.2013, followed by another raid by the Income Tax Department on the very next day. The raid by the C.B.I. reportedly led to recovery of incriminating documents and unaccounted cash amounting to Rs. 25 crores. It is submitted that C.B.I. transferred the incriminating documents to the Income Tax Department. The laptop of Mr. Shubhendu Amitabh, Group Executive President was seized during the raid. An E-mail dated 16.11.2012 containing a c













































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