SANTOSH KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition impugns the sanction accorded, in exercise of powers under Section 19 of the Prevention of Corruption Act, 1988 (POCA), by the Minister for Railways on 14.02.2011 for the prosecution of the petitioner. The writ petition came up before this Court first on 06.05.2011 when on oral request of the petitioner, the Central Vigilance Commission (CVC) and the Central Bureau of Investigation (CBI) were impleaded as respondents. It was the contention of the petitioner on that date, that the petitioner till then had not been able to get a copy of the formal order granting sanction for his prosecution; that the previous history of the case showed that on more than one occasion, the matter was examined and it had been decided not to grant sanction to prosecute the petitioner; that the said decision was reversed under pressure from the respondent No.3 CBI. The petitioner accordingly sought interim order restraining further steps pursuant to the sanction accorded on 14.02.2011.

(2.) Notice of the petition was issued and the question of interim relief left to be considered on the next date of hearing. On 10.05.2011, it was directed that in the event the respondent No.3 CBI proposed to file a charge sheet, it will first inform this Court. Thereafter on 03.06.2011, the counsel for the petitioner informed that notwithstanding the earlier order of this Court, the petitioner had been summoned by the Special Judge of CBI Court in Greater Mumbai; violation of order dated 10 th May, 2011 of this Court is alleged. Vide subsequent interim orders dated 15.06.2011 and 05.07.2011, the Special Judge, CBI, Greater Mumbai was requested not to insist on the personal presence of the petitioner before that Court. Counter affidavit has been filed by the respondent No.3 CBI and to which rejoinder has been filed by the petitioner. The counsels for the parties have been heard. The counsel for the respondent No.3 CBI during the course of hearing has handed over their records as to the grant of sanction for prosecution of the petitioner. The petitioner after the conclusion of the hearing has filed an additional affidavit dated 02.09.2011 enclosing therewith the formal sanction order dated 26.04.2011 for the prosecution of the petitioner.

(3.) The petitioner has pleaded: