BRAJESH JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) An extremely disturbing and alarming issue has arisen before us regarding alleged acts of corruption committed by persons who hold high public offices in the State of West Bengal. It is disquieting and deplorable to say the least. If the allegations are true such persons have no business to continue in the positions they hold today either as elected representatives of the people of West Bengal or as Ministers of the Government of West Bengal or in employment as a senior officer in the State's Police force. If the accusations are false, it is worrisome that the reputation of these individuals has been sullied by a person who claims to be a journalist and has published audio-video footage depicting these alleged acts; and, by others, who claiming to be public spirited citizens have filed these public interest litigations on viewing that footage.

(2.) The Petitioners in WP 5243(W) of 2016 and WP 5175(W) of 2016 and the second Petitioner in WP 5224(W) of 2016 are all practicing advocates. The first Petitioner in WP 5224(W) of 2016 is a businessman and the General Secretary of the West Bengal Pradesh Congress Committee. As the issues involved in these petitions are the same, we have heard them together. All the petitions are directed against the State, the Central Bureau of Investigation and the State Police. The persons against whom allegations of indulging in corrupt practices have been made have been impleaded as Respondents in WP 5243(W) of 2016. For the sake of convenience I will refer to the Respondents as impleaded in WP 5243(W) of 2016 (Brajesh Jha v. Union of India).

(3.) The Petitioners have pleaded that on 14th March, 2016 they watched a news telecast in which the Respondents Nos.11 to 22 (hereinafter referred to as "Respondents") were seen receiving illegal gratification for promising and assuring a representative of an unknown company to assist it in improving its business, using their positions and the high offices they occupied. According to the Petitioners, they noticed these audio-visuals on all news channels in the electronic media, which proclaimed them as a part of a "sting operation" conducted by Respondent No.10. The Petitioners claimed that this news was published in the print media on the next day, that is, on 15th March, 2016. They have further mentioned that Respondent Nos.11 to 21, who are all members of the All India Trinamul Congress (hereinafter referred to as "TMC") and are either Ministers of the Government of West Bengal or Members of Parliament or the State Legislature and Respondent 22, Commandant, Special Striking Force, Barrackpore, an officer of the West Bengal Police, had indulged in criminal activities "to cheat the faith of public and commit criminal breach of trust in respect of public money and thus misappropriated huge amount in utter breach of trust, faith and confidence reposed upon them causing wrongful gain to themselves and wrongful loss to public". The Petitioners have stated that they filed a complaint in the Shyampukur Police Station, Kolkata on 15th March, 2016. They then submitted the complaint by mail to the Central Bureau of Investigation (hereinafter referred to as "CBI") and Enforcement Directorate (hereafter referred to as "ED"), so that appropriate steps could be taken against the Respondent Nos.11 to 22 in accordance with law. According to the Petitioners, the State Police would not investigate the alleged offences impartially because of the extraneous influence which could be exerted on them. The Petitioners contended that the Respondents have committed offences punishable under the Prevention of Money Laundering Act, 2002, the Prevention of Corruption Act, 1988 besides offences under the Indian Penal Code and other similar statues. The Petitioners have prayed that the Court should direct the CBI and the ED to investigate the activities of Respondent Nos.11 to 22 which were telecast on the news channels on 14th March, 2016. They have also prayed that Respondent Nos.11 to 21 should be prohibited from contesting the West Bengal Assembly Elections of 2016 as candidates of the TMC without their names being cleared by the investigating agencies. The writ petitions have been filed on 16th March, 2016.