2011 (4) TMI 1443 - SC - Indian Laws

Summary

Issues Involved:
1. Appointment of a Special Public Prosecutor (SPP) for the 2G Spectrum case.
2. Monitoring of the investigation by the Supreme Court.
3. Legal interpretation of Section 46(2) of the Prevention of Money Laundering Act, 2002.

Summary:

1. Appointment of a Special Public Prosecutor (SPP) for the 2G Spectrum case:
The Supreme Court considered the appointment of a Special Public Prosecutor (SPP) to conduct the prosecution on behalf of the CBI and the ED in the 2G Spectrum case. The Court noted the importance of appointing a competent SPP for a successful prosecution. Mr. K.K. Venugopal suggested the name of Mr. U.U. Lalit, a senior advocate, who was unanimously accepted by the counsel for the parties. The Court ordered the government to appoint Mr. U.U. Lalit as the SPP and allowed him to choose two advocates from the CBI panel to assist him.

2. Monitoring of the investigation by the Supreme Court:
The Supreme Court had been monitoring the investigation of the 2G Spectrum case in the interest of public interest and transparent governance. The Court directed the establishment of a separate Special Court to try the case and also directed the CBI to take over the investigation of the alleged suicide of Mr. Sadik Batcha. The Court emphasized that its monitoring was in exercise of its power u/s Article 136 of the Constitution.

3. Legal interpretation of Section 46(2) of the Prevention of Money Laundering Act, 2002:
The Attorney-General and Additional Solicitor Generals raised concerns regarding the appointment of Mr. U.U. Lalit as SPP in light of Section 46(2) of the Prevention of Money Laundering Act, 2002. The Court examined the provisions of Section 46(2) and Section 24 of the Cr.P.C., concluding that the expression "under" in Section 46(2) should be reasonably construed to maintain the independence of the Public Prosecutor. The Court held that Mr. U.U. Lalit met the requirements and his appointment was suitable for a fair prosecution.

Conclusion:
The Supreme Court ordered the appointment of Mr. U.U. Lalit as the Special Public Prosecutor for the 2G Spectrum case, emphasizing the need for a fair and competent prosecution. The Court's directions were given in exercise of its power u/s Article 136 read with Article 142 of the Constitution, ensuring that the trial proceeds on a day-to-day basis without impediments.