CENTRAL BUREAU OF INVESTIGATION Vs. HARINDERSINGH CHAUDHARY

JUDGEMENT

(1.) The matters are heard at length. The second respondent though served with notice is not appearing before us.

(2.) The learned Additional Solicitor General after taking us through the records contended that this is a fit case wherein this Court by exercising its jurisdiction under Article 139(A) of the Constitution may be pleased to transfer Crl. M. (Main) No. 1821 of 1990 pending before the Delhi High Court and the Special Criminal Petition No. 1578 of 1990 filed by the second respondent which is pending in the Gujarat High Court to the file of this Court as, according to him, same substantial questions of general importance are involved in both the cases.

(3.) Mr. Shanti Bhushan, the learned senior counsel appearing on behalf of the intervener in Criminal Miscellaneous Petions Nos. 8933-34 of 1990 supplemented the submission of the learned Additional Solicitor General by re-stating that in both the cases, the same substantial questions of law which are of general importance arise, especially the question whether public interest litigants have got locus standi to move the High Courts for quashing the criminal proceedings pending investigation as well as trial and, therefore, in the interest of justice, the cases should be transferred to this highest Court so that the questions may be finally settled once and for all. Alternatively, he submitted that in case this Court is not inclined to transfer the cases as prayed for, the special petition now pending before the Gujarat High Court may be transferred to Delhi High Court or vice versa so that there may not be any conflict of decisions between the two High Courts.