ASHOK KUMAR AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) . Petitioner is facing two cases RCS 18 and RCS 19 which are under investigation by CBI. All he wants in this petition is then investigation of these cases be taken away from respondents 3 to 5 and handed over to some high ranking CBI officer.

(2.) . Petitioner was on deputation holding the post of Deputy Director in the Enforcement Directorate at the relevant time. He claims that he was handling the investigation of a number of sensitive cases of influential individuals including politicians, etc. and that his Director that time one Mr.Bez Boruah was making all out efforts to scuttle the investigation in those cases. He made representations against him to Revenue Secretary and meanwhile a raid was conducted under his supervision on the residence of one Subhash Barjatya resulting in seizure of some incriminating documents and disclosing the transaction of US$ 1.50 lacs and involving one Abhishek Verma also. Accused Barjatya made a complaint against him to Director Bez Boruah alleging that an FAX was planted at his place during search. Thereafter his Director Bez Boruah tried to influence him to do away with some of the FERA cases but on his refusal to do so, he forwarded a complaint of Barjatya made by him in January 1998 for CBI enquiry in which CVC ordered it without obtaining comments from his Revenue Department. He was transferred out from the Enforcement Directorate and put on compulsory wait and was later arrested and repatriated.

(3.) . Petitioner's primary grievance is that respondents 3 to 5 were conducting the investigation against him unfairly and improperly and were transgressing all limits to abuse the investigative powers. They were allegedly indulging in forging. documents against him to implicate him in false cases and were exercising the investigative power in a malafide manner in support whereof he has given a number of instances. All this, according to him, had shaken his confidence given rise to a reasonable apprehension that he would not get a fair deal from these officers of CBI.