WP(PIL)/13/2019 of Ravangla Aastha Organization and Anr Vs Central Bureau of Investigation (CBI) on 8 September 2020

WP(PIL) No.13 of 2019

RAVANGLA AASTHA ORGANIZATION AND ANR.

…PETITIONERS

VERSUS

CENTRAL BUREAU OF INVESTIGATION (CBI)

…RESPONDENT

Date: 08.09.2020

CORAM:

HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE

HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

…

(ARUP KUMAR GOSWAMI, CJ)

Heard Mr. Suman Sen Gupta, learned Counsel for the petitioners. Also heard Mr. S.K Srivastava, learned Counsel for the respondent. We have also heard Mr. Malay Das, the Investigating Officer.

On 26.08.2020, this Court had passed the following order:- “Heard Mr. Suman Sen Gupta, learned Counsel appearing for the petitioners. Also heard Mr. S.K Srivastava, learned Counsel appearing for the respondent. The Investigating Officer Mr. Malay Das is also present.

Perused the orders dated 02.11.2019, 09.12.2019 and 09.06.2020 which read as follows:

02.11.2019: “Heard Mr. A. Mazumdar, learned Senior Counsel for the petitioners assisted by Mr. S. Sengupta, learned Advocate.

ARUP KUMAR GOSWAMIDigitally signed by ARUP KUMAR GOSWAMI Date: 2020.09.08 14:42:58 +05'30'

By this Public Interest Litigation, the petitioners allege that although more than two years have passed by from the date of registration of the First Information Report (FIR), no tangible progress has been made in the investigation of the case. It is also pointed out by Mr. Mazumdar that this is the third round of litigation before this Court in respect of the allegations forming part of the FIR.

ARUP KUMAR GOSWAMI

Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.09.08 14:43:15 +05'30'

Issue notice, returnable on 09.12.2019.

Steps by Registered Post with A/D.

Steps by 04.11.2019.”

09.12.2019: “Heard Mr. Suman Sen Gupta, learned counsel for the petitioners. Also heard Mr. S.K. Srivastava, learned counsel appearing for the CBI. Mr. Malay Das, Inspector, who is the investigating officer conducting the investigation on behalf of the CBI is also present in person.

Mr. Srivastava and Mr. Das submit that the investigation has almost come to an end. Out of 7 aspects forming part of the allegations, 6 aspects have already been completed. It is submitted that the last aspect relates to examination of documents, particularly, financial statements, completion of which will take some time. Mr. Das further submits that to submit a final report, a period of 6 months may be needed.

Mr. Sen Gupa submits that more than two and a half years have gone by since the date of filing of preliminary report and therefore, grant of 6 months time is not really called for. He also submits that this petition was required to be filed only because investigation was conducted in a very slow pace. Accordingly, he submits that this court may pass such order as may be considered appropriate in the facts and circumstances of the case.

On due consideration, we are of the opinion that since 6 aspects have already been covered, prayer for grant of 6 months time is unreasonable.

On a query raised by us, Mr. Das submits that he will try to complete the investigation within a period of three months.

Accordingly, we direct the Registry to post this case on 01.04.2020.”

09.06.2020: “This matter is taken up through V.C.

ARUP KUMAR GOSWAMI

Digitally signed by ARUP KUMAR GOSWAMI Date: 2020.09.08 14:43:31 +05'30'

Heard Mr. Suman Sen Gupta, learned counsel appearing for the petitioners.

By the Order dated 09.12.2019, the case was directed to be posted on 01.04.2020. However, because of lockdown, the case could not be listed and the same is listed today for consideration.

The order dated 09.12.2019 reflects that a submission was made by Mr. Malay Das, Inspector, who is the Investigating Officer, that he would try to complete the investigation within a period of 3 months. The order further reflects that we had also heard Mr. S.K. Srivastava, learned counsel, who had appeared for the respondent CBI.

Today, name of Mr. S.K. Srivastava is not shown in the cause list.

Having regard to the circumstances arising out of COVID-19 pandemic, we deem it appropriate to list this case for consideration on 26.08.2020.

Registry will reflect the name of Mr. S.K. Srivastava in the cause-list.”

Mr. Srivastava submits that though the investigation is complete and Final Report is prepared, the same has yet not been filed because of situation arising out of Covid-19.

We do not understand why the same could not be filed as investigation is complete and Final Report is prepared. At this stage, Mr. Srivastava submits that the Final Report will be submitted within a period of ten days from today.

In view of the above submission, we direct the Registry to list this case on 08.09.2020. Mr. Malay Das will also be present on the next date at the Video Conferencing.”

Avi/

Today Mr. Srivastava and Mr. Das submit that Final Report was dispatched by speed post on 01.09.2019 from Kolkata to the Court of Special Judge, P.C Act, Gangtok and the same was delivered on 07.09.2020. It is submitted that there is no office of the respondent in Sikkim and because of the situation arising out of Covid-19 pandemic, Final Report had to be sent by speed post.

In view of submission of the Final Report, Mr. Sen Gupta submits that no further issue remains for consideration in this Writ Petition. However, he submits that in terms of Section 173(2)(ii) Cr.PC, the Investigating Officer is required to forward the Final Report to the informant, which, however, it appears, has not been forwarded till date.

Mr. Malay Das submits that though till now a copy of the Final Report was not sent to the informant, he will send the copy of Final Report by speed post to the informant within a period of seven days from today.

In view of what is recorded above, we are of the considered view that no further issue remains for consideration. Accordingly, this Writ Petition is closed and disposed of.

ARUP Digitally signed by ARUP KUMAR KUMAR GOSWAMI Date: 2020.09.08 GOSWAMI14:43:47 +05'30'

MEENAKSHI Digitally signed by MEENAKSHI MADAN RAI MADAN RAIDate: 2020.09.08 18:03:06 +05'30'

Judge

Chief Justice