GURBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been moved as a public interest litigation to bring to the notice of this Court certain orders passed on behalf of the Punjab Government interfering with the due course of investigation by the Central Bureau of Investigation into the cases registered as Crime No. 7 and Crime No. 8 of 1997, by Delhi Special Police Establishment, Chandigarh Branch. The material averments made in the writ petition are to the following effect. Two F.I.Rs. were registered by the Central Bureau of Investigation (hereinafter referred to as the C.B.I.) against the Principal Secretary to the Chief Minister, and some un-named officials. The first F.I.R. was registered against the Principal Secretary to the Chief Minister (fifth respondent) for his possessing assets disproportionate to his known sources of income. The second F.I.R. registered related to illegality in allocation of land and the Government funds to the Punjab Cricket Association. Allegations in the second F.I.R. were taken by the Senior I.A.S. Officers as aimed at them. In order to protect the I.A.S. Officers, Punjab Government issued notifications rescinding the sanction granted by them earlier to the C.B.I. to investigate the cases. The C.B.I. refused to stop investigation. The State Government objected to the steps taken by the C.B.I. as an intrusion into the affairs of the Punjab Government. News item to the effect that State would be compelled to take possible steps against the C.B.I. if they proceeded with investigation, was published in the newspaper. Principal Secretary to Government, Punjab in the Vigilance Department, wrote letters to various departments; corporations; statutory bodies and registered societies, to deposit all relevant records pertaining to the allotment of land to Punjab Cricket Association, into his custody, with clear intent to withhold the documents from the C.B.I. The C.B.I. conducted raids in the house and office of fifth respondent and seized vital documents, helpful to the prosecution in the case registered against him. Respondents Nos. 4 to 6, who held key-position in the Punjab Government, are trying to interfere with due course of investigation of cases registered by the C.B.I. These high officers are trying to place themselves above law. When respondents No. 4 to 6 are holding high executive posts, it is not possible for the subordinate officials to freely co-operate with the investigation of the cases by the C.B.I. So, respondents Nos. 4 to 6 are to be placed under suspension or in the alternative, sent on long leave, during the pendency of the said cases. On these averments, petitioner prayed for the issuance of a writ of mandamus directing the State Government to suspend respondents Nos. 4 to 6 from service or to send them on long leave till C.B.I. completes investigation into the cases registered by them.

(2.) During the pendency of this writ petition, petitioner moved Civil Miscellaneous Application No. 8586 of 1997, on April 25, 1997. Therein, it was alleged that the coterie of I.A.S. officers, holding important positions in the State of Punjab, are using their offices to influence other officers not to co-operate with the investigation by C.B.I. Some top officers of the Punjab Government succeeded in influencing the Central Government, and manipulated the transfer of three officers of the C.B.I. team, i.e., D.I.G., S.S.P., and investigating officer from Chandigarh. Therefore, petitioner prayed for directing authorities to retain the team of officers in the C.B.I. investigating the cases, at Chandigarh, till the entire investigation is complete.

(3.) Petitioner later moved Civil Miscellaneous Application No. 11407 of 1997, praying for impleading Punjab Cricket Association, Mohali, and Punjab Urban Development Authority, as additional respondents Nos. 8 and 9 and also to seize the records pertaining to transactions in Punjab Urban Development Authority, and accounts of Punjab Cricket Association.