PANKAJ JAIN Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) Sri Sabhajeet Singh, Advocate, has filed his Vakalatnama on behalf of Union of India today in Court, which is taken on record.

(2.) Heard Sri Vikram Chaudhary, learned Senior Advocate, assisted by Sri Shiv Sagar Singh, learned counsel for the petitioner, Sri Sabhajeet Singh, learned counsel for Union of India, Sri Amit Misra, learned counsel for the C.B.I. and perused the material on record.

(3.) This writ petition has been filed by by the petitioner with a prayer to issue an appropriate writ, order or direction, declaring in the above context, the use of word 'may' in Section 88 of Cr.P.C. as unconstitutional, manifestly arbitrary, unreasonable and ultra-vires of the fundamental rights guaranteed under Article 12 & 21 of the Constitution of India or in the alternative to read it down by expounding, deliberating and delineating its scope in the context, to save Section 88 from unconstitutionality on the vice of Article 14 and 21 of the Constitution of India. A further prayer has also been made in the nature of certiorari for setting aside the impugned order dated 7.12.2017 passed by the trial Court, i.e., Special Judge for Anti Corruption C.B.I. cases at Ghaziabad, with consequential relief of setting the petitioner at liberty by permitting him to furnish his Bonds under Section 88 of Cr.P.C. to the satisfaction of the said Trial Court in R.C. No.RC/DST/2015/A/0004/CBI/STF/DLI dated 30.7.2015.