RAJIV AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The relief sought in these petitions mainly relates to Crl.L.P.185/2018, titled as Central Bureau of Investigation Vs. A.Raja and Ors., which is pending consideration before this Court. The Crl.L.P. 185/2018 arise out of FIR bearing No. RC DAI 2009 A 0045, registered on 21st October, 2009 by the Central Bureau of Investigation, wherein the applicants/ petitioners were charged for the offences under Section 13(2) read with Section13(1)(d) of the Prevention of Corruption Act, 1988 ("PC Act") and Indian Penal Code, 1860 IPC. Vide impugned judgment dated 21st December, 2017, the present applicants were acquitted of the charge to commit conspiracy for the offences under Sections 409/ 420/ 467 IPC and under Sections 13(2) r/w 13(l)(d) of the Prevention of Corruption Act, 1988. Against the impugned judgment of 21st December, 2017, the Crl.L.P.185/2018 has been preferred by the CBI seeking 'leave to appeal'.

(2.) The above captioned first petition W.P.(C) 7978/2020 has been filed by petitioner- Rajiv Agarwal (respondent No.14 in Crl.L.P.185/2018); the second captioned petition W.P.(C) 8021/20200 has been filed by petitioner-Siddharth Behura (respondent No.2 in Crl.L.P.185/2018); the third captioned petition W.P.(C) 8617/2010 has been filed by petitioner-R.K.Chandolia (respondent No. 3 in Crl.L.P.185/2018) and the fourth captioned petition W.P.(C) 8620/2020 has been filed by petitioner-Sharad Kumar (respondent No.16 in Crl.L.P.185/2018).

(3.) The fulcrum of these petitions rests upon applications Crl.M.A. 13703/2020 (filed by respondent No.13); Crl.M.A. 13851/2020 (filed by respondent No.2) and Crl.M.A. 14091/2020 (filed by respondent No.13) in Crl.L.P.185/2018 vide which these applicants had sought a direction to CBI to place on record copy of mandatory approval with complete file maintained by the Government, containing all note sheets, reports, drafts, letters, correspondence etc. under Section 378(2) Cr.P.C. as well as approval/ notification under Section 24(8) Cr.P.C. in favour of Mr.Sanjeev Bhandari, Special Public Prosecutor authorizing him to file the criminal leave to appeal. During the course of arguments in these applications, CBI had placed before this Court Communication dated 17th January, 2018 of the Government of India opining that it was a fit case to prefer an appeal against the judgment dated 21st December, 2017 passed by the learned Special Judge in CC No. 01 and 1A/2011 (RC.DAI.2009.A.0045) i.e. the 2G case and decision to engage Mr. Tushar Mehta, learned ASG to represent in the case. The communication of 17th January, 2018 reads as under:-