SUBRAMANIAN SWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by filing this petition under Article 226 of the Constitution of India has prayed to issue appropriate writ, order or direction directing the respondents to appoint a special commissioner to expeditiously investigate the offences disclosed in the petition.

(2.) At the outset, it is required to be noted that the petitioner has no personal knowledge in the matter. Some one has come out with some report in the newspaper and the petitioner is seeking the reliefs on the basis of such a report. The matter was placed for admission initially on 12.12.2001 when a notice was issued to respondents No. 1 to 3 only and no notice was issued to the rest of the respondents. On 4.2.2004, the petitioner requested for deleting the name of respondent No. 4 and accordingly the name of respondent No. 4 was deleted from the array of parties.

(3.) It is also required to be noted that before the present petition was filed by the petitioner, a charge sheet was filed before the Court of Metropolitan Magistrate, Chennai wherein it was pointed out that a case was registered on 7.8.1993 against Shri M.L.Sitaraman, Proprietor of M/s.Southern Art, 10D, First East Main Road, Shenoy Nagar, Madras and other unknown person under Section 120B of the Indian Penal Code and Section 25(1) read with Section 3 of Antiques and Art Treasures Act, 1972 (for short AAT Act) for illegal export of antiquities. Charge sheet was filed in the case which resulted in acquittal of the accused.