NIVEDITA JHA Vs. STATE OF BIHAR & ORS

JUDGEMENT

(1.) Notice of contempt of this Court was issued vide order dated 7.2.2019 to Mr. M. Nageshwar Rao, Additional Director, Central Bureau of Investigation (C.B.I.) and Mr. Bhasuran S., Additional Legal Advisor and In-Charge Director of Prosecution, C.B.I. The charge against the alleged contemnors is that notwithstanding the orders of this Court, dated 31.10.2018 and 28.11.2018, restraining any change in the team investigating the Muzaffarpur shelter home case and despite explicit directions of this Court that Mr. A.K. Sharma, Joint Director, C.B.I. (In-Charge of investigation) will continue to remain the head of the investigating team, the aforesaid person - Mr. A.K. Sharma had been transferred out of the C.B.I. and posted as the Additional Director General, Central Reserve Police Force (C.R.P.F.). In addition to the aforesaid two orders of this Court, there is an earlier order dated 18.9.2018, to the same effect, when this Court was considering the order dated 29.8.2018 passed by the High Court of Patna, requiring a fresh team of investigators to be constituted by the then Special Director of C.B.I.

(2.) By our order dated 7.2.2019, we had required the Director, C.B.I. to give us details leading to the order relieving Mr. A.K. Sharma from the C.B.I. and the order posting him in the C.R.P.F. and also to inform the Court the names of all the persons who were involved in the said decision making process and in the implementation thereof. By the said order, we had also required Mr. M. Nageshwar Rao, the then In-Charge Director, C.B.I. (now Additional Director, C.B.I.) and Mr. Bhasuran S., Additional Legal Advisor and In-Charge Director of Prosecution, C.B.I. to be personally present and offer their explanations.

(3.) In response, the present Director, C.B.I., Mr. M. Nageshwar Rao, and Mr. Bhasuran S. have submitted their reports/affidavits, which have been duly perused.