M FURQUAN Vs. JET AIRWAYS INDIA LTD

JUDGEMENT

(1.) The petitioner is stated to be the editor of a leading fortnightly Urdu newspaper by name "Sach Bilkul Sach", which according to him, has wide circulation and is intended to bring to light of the general public various problems faced by downtrodden and to expose the misdeeds of various persons. The present petition has been filed by him to show the nexus between the underworld Mr. Dawood Ibrahim Kaskar and the Chairman of Jet Airways (India) Limited, as huge investments were received illegally and utilized to accrue assets for the company. It is averred in the petition that huge tainted Indian money is laundered and recycled into business in India, which is generated as a result of smuggling and extortion and similar illegal practices. There was confirmed information of intermittent contact between Naresh Goyal and underworld dons and this requires to be looked into by CBI as it affects the security of the country. There are averments in the petition that the security clearance given to the new Board of Directors of Jet Airways (India) Limited was in absence of clear view from the Civil Aviation Ministry and even the Chairman of Jet Airways did not have security clearance, which is mandatory as per the Rules. The deal of purchase of Sahara Airlines, according to the petitioner, would have costed respondent No.1 company an amount of Rs.2,500 crores approximately, while they had only raised, as per the averments made in the PIL Petition No.5 of 2006, Rs 1600 crores and this amount was to be used for repayment of debt and the remaining was to be used for further development. After raising money from public issue, the remaining money was acquired out of unholy nexus with the underworld. Problem had also arisen at the time of induction of new Directors into the company as security clearances were needed and the Intelligence Bureau had asked the Ministry of Home Affairs to directly correspond with the Research and Analysis Wing (RAW) and secure their inputs on the affairs of the company. While relying upon certain other newspaper report, particularly of 22nd September 2006, it is averred that an employee of respondent No.1 was arrested for smuggling gold.

(2.) According to the petitioner, he had earlier sent a letter to the Director of CBI dated 30th April 2006 as well as to Intelligence Commissioner and invited their attention necessitating to investigate and clear the, whereafter the above order of the court was passed on the public interest litigation filed by the petitioner. Thereafter he again made application to the Senior Inspector of Police, Sakinaka Police Station on 5th October 2006 as well as made a complaint to the Commissioner of Police, Greater Mumbai. As no inquiry was conducted and the police did not effect any investigation into the case, the petitioner again filed Public Interest Litigation No.16 of 2006, which was also dismissed vide order dated 30th November 2006, which order reads as under:

(3.) On 8th December 2006, the petitioner was called by the DCB CID Unit 10 for inquiry,which the petitioner claims to have attended with correspondence and copies of the Court Orders and his statement was also recorded. It is the case of the petitioner that since there was no progress in the matter, and there was culpable passive attitude shown by the police authorities, he has been compelled to file the present PIL praying that investigation of the case be conducted by CBI. On the basis of the averments separate reply affidavits were filed on behalf of the respondent company and the Assistant Commissioner of Police, D.I (East), DCB, COD, Mumbai on behalf of the State of Maharashtra. According to the first respondent specific objection has been taken with regard to the maintainability of the present petition as public interest litigation. The present petition is stated to be a gross abuse of the process of the court and that the petition has been filed without any cause of action. According to the respondent, in fact the present petition is a device to seek publicity and to raise controversy and to jeopardize the interest of the company at the juncture when the respondent company is on the verge of commencing international flights to United States. While denying all the allegations and averments made in the petition, it is also stated that the petition is founded on incorrect information and unsustained news report, which are contrary to record of the concerned department. There is specific averment that the petitioner has withheld the correct facts from this court. The petitioner had earlier filed PIL No.5 of 2006, which was dismissed vide order dated 27th September 2006. The allegation that there are links between Dawood Ibrahim Kaskar and respondent company, particularly in relation to acquisition of Sahara Airlines Limited, is absolutely incorrect. The writ petition has been filed motivatedly. It is the case of the respondent company that the company has more than 1,23,175 shareholders and its shares are listed both on the Bombay Stock Exchange and National Stock Exchange. The intention of the petitioner is only to adversely affect the international deals of the company and its reputation in the business circle.