SUBRAMANIAM SWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by the petitioner under Article 226 of the Constitution of India seeking issuance of writ of "continuous mandamus" for monitoring the investigation of cases registered by the respondents against Mr.Romesh Sharma, Mr.Dawood Ibraim and Reliance Industries Ltd. for ensuring impartial, effective and expeditious investigation and trial to uphold the majesty of law. The petition is filed by way of Public Interest Litigation. In the first para of the petition, the petitioner has given his credentials stating that he is the President of the Janta Party since 1990. He is a member of the Parliament from 1974 till date and was a Union Minister for Commerce, Law & Justice during 1990-91. He held the post of Chairman of the Commission on Labour Standards and International Trade with the rank of a Cabinet Minister during 1994-96. He was an Assistant Economics Affairs Officer in the United Nations in 1963. He taught Economics at Harvard University, USA for more than a decade from which famous university, he had also received his Ph.D. after researching with two Nobel laureates in Economics. He has also been a Professor of Economics at the IIT, Delhi from 1971 till 1991 .

(2.) According to the petitioner, the aforesaid persons have committed various cognizable offences including the hawala transaction, kidnapping, extortion offences and under the Prevention of Corruption Act. However, the Government agencies including the CBI as well as the Revenue authorities have failed to perform their statutory obligations and are in fact eager to hush up the matter. He has nurtured these apprehensions because of various circumstances narrated in the petition.

(3.) It may be stated at the outset that in the writ petition, the petitioner has alleged various illegalities and criminal acts committed by these persons and has also alleged that investigation into these offences by the concerned authorities is not proper. The respondents in the writ petition are the Union of India, CBI, the Commissioner of Police, Delhi, the Director, Enforcement Directorate, the Registrar of Companies and Reliance Industries Ltd. The Reliance Industries Limited (RIL), the respondent No.6, was added as a party at a later stage. The show cause notice was issued to the respondents. The respondents No. 2,3,4 and 6 have filed their replies. Various other additional affidavits are also filed by different respondents pursuant to directions issued by this court from time to time reference to which would be made at an appropriate stage. The orders passed in this writ petition from time to time would reveal that the court has been taking note of the progress made in some of the cases registered and/or pending against the RIL and others. It was, for this reason, to ascertain the latest position in respect of some of these cases the respondents were directed to file the additional affidavits from time to time.