TMI Blog1997 (3) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... e public as completely independent or immune from pressures of every kind. It is, therefore, not suitable for pursuing an investigation of this kind and taking it to the state of prosecution where may be nexus between the persons under investigation and powerful persons such as those referred to in the Vohra Committee Report. In view of the seriousness of the charges involved and the clout wielded by those who are likely to become the focus of investigation, it is necessary that the body which is entrusted with the task of following the investigation through to the stage of prosecution, be such that it is capable of enjoying the complete trust and confidence of the people. We are, therefore, of the view that the matter needs to be addressed by a body which function with the highest degree of independence, being completely free from every conceivable influence and pressure. Such a body must possess the necessary powers to be able to direct investigation of all charges thoroughly before it decides, if at all, to launch prosecutions. To this end the facilities and services of trained investigators with distinguished records and impeccable credentials must be made available to it. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his end, the Committee was declared to be competent to "invite senior officers of various concerned departments (Customs, Revenue, Intelligence, etc.) to gather the required information". The Committee was also required to submit its report within three months. The Report of the Vohra Committee, authored by its Chairman and containing only his signature, was submitted on October 5, 1993. The Report is essentially a compilation of the responses of its different members and includes the reports of the secretary, Research Analysis Wing (RAW), the Director, CBI, the Director, IB, and the views of the Secretary (Revenue). In the main Report, these various reports have been analysed and it is noted that the growth and spread of crime syndicates in Indian society has been pervasive. It is further observed that these criminal elements have developed an extensive network of contacts with bureaucrats, government functionaries at lower levels, politicians, media personalities, strategically located persons in the non-Governmental sector and members of the judiciary; some of these criminal syndicates have international links, sometimes with foreign intelligence agencies. The Report recomme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory analysis of the Report reveals the following disturbing aspects: (1) several governmental agencies have, in their written reports, indicated that they are aware of the vast local, national and international links of criminal syndicates; (2) these links are such that they amount to a parallel system of government; (3) the common citizen is unprotected and must live in constant fear of his life and property; (4) even the members of the judicial system have not escaped the embrace of the mafia; and (5) the existing criminal justice system is unable to deal with the activities of the mafia. The petitioners state that since the Report reveals such alarming trends, it is of the utmost importance that it be made the subject of considerable scrutiny. They allege that the document tabled in the Parliament is not the complete report but betrays an incomplete substitute prepared hurriedly for the purpose of meeting the demand in parliament and suppresses vita information regarding the unholy connections between politicians, bureaucrats, criminals and anti-social elements. They base this assertion on the statement made in the Lok Sabha, a day prior to the publication of the Report, by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Affairs and the Successor- in-office of Shri N.N. Vohra. In the affidavit, one of the annexures to which is an authenticated copy of the Report, the Home Secretary has stated that the copy of the Report which was tabled in Parliament was the genuine and authentic document. One of the other annexures to the affidavit is a copy of the correspondence upon this aspect between Shri N.N. Vohra, the author of the Report and the present Home Secretary. In his response, Shri N.N. Vohra clarifies that though he had access to the reports, notes and letters furnished by the Director, IB, Secretary (Revenue) and the Director, CBI, while making his final Report, he did not consider it fit to include them as annexures for the Report was meant to be a summary of discussions held and of the contents of the documents which were already on record. As for the incorrect numbering of the paragraphs, Shri Vohra explained that it arose as a result of a typographical error committed by his stenographer and his own omission to detect and correct the error. While apprising the Court of the follow-up measures initiated pursuant to the Vohra Committee Report, the Home Secretary, in his affidavit, stated that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Intelligence Agencies within State Governments. The task of the Nodal Group is, therefore, limited to ensuring that the investigative efforts of all these separate agencies are synchronized towards their smooth functioning. During the hearing of this matter, we asked the learned counsel appearing for the parties before us to put forth their suggestions in respect of the options open to this Court. Shri Ram Jethmalani, learned senior counsel appearing for the petitioners contended that the plea of the Home Secretary that 95% of crimes are within the purview of State Governments is an attempt to dilute the finding of the Vohra Committee Report. He averred that the Vohra Committee Report essentially addresses itself to those cases which, fall, not within the Entry of "Public Order", but, instead, with those cases involving narco-terrorist elements and smuggling of arms and ammunitions into the country, which are properly and wholly within the domain of the executive power of the Union. Shri Jethmalani urged us to direct that the details of the reports and events mentioned in the Vohra Committee Report be fully and completely disclosed. In his view, setting up a Nodal Agency would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. The right to know, which is derived from the concept of freedom of speech, though not absolute, is a factor which should make one wary, when secrecy is claimed for transactions which can, at any rate, have no repercussion on public security. To cover with veil of secrecy, the common routine business, is not in the interest of the public. Such secrecy can seldom be legitimately desired. It is generally desired for the purpose of parties and politics or personal self-interest or bureaucratic routine. The responsibility of officials to explain and to justify their acts is the chief safeguard against oppression and corruption." (Emphasis added) Implicit in this assertion is the proposition that in transaction which have serious repercussions on public security, secrecy can legitimately be claimed because it would then be in the public interest that such matters are not publicly disclosed or disseminated. The case of S.P. Gupta v. Union of India, 1981 SCC Supp. 87, decided by a seven-Judge Constitution Bench of this Court, is generally considered as having brok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision-maker who may find it safer not to take any decision. It will paralyse the entire system and bring it to a grinding halt. So we have two conflicting situations almost enigmatic and we think the answer is to maintain a fine balance which would serve public interest. This then is the test which we must now apply to the facts of the present case. Having examined the copy of the Report which has been placed before us, the allegations regarding its authenticity, the explanation forwarded in this behalf by the Home Secretary and the copy of the communication with Shri N.N. Vohra in this respect, we find that there is nothing on record to raise a doubt that the Report, as tabled in parliament and as presented to us, is not genuine, authentic and unabridged. We are of the view that the erstwhile Minister of Parliamentary Affairs, in making the statement that the Report was 100 pages long, may have been either misinformed or misled. That apart, there is no other ground for doubting the genuineness of the Report. Since it has been tabled in Parliament, it now enjoys the status of a public document. We will, however, have to consider whether the supporting material placed before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and to the conditions of assured secrecy and confidentiality under which they function. Furthermore, it must be noted that not all of the information collected and recorded in intelligence reports is substantiated by hard evidence. Often on the basis of unverified suspicion names are thrown by people to save their own skins. Intelligence Agents are not obliged to adhere to the principles of natural justice before they compile reports of possible suspects; quite frequently, individuals are shortlisted based purely on the investigators' hunches and surmises or on account of the past background of the suspects. The disclosure of these reports would lead to a situation where public servants and elected representative who, though entirely innocent, are compelled by virtue of their offices to associate with individuals whose culpability is beyond doubt, will also find themselves mired in suspicion. Such a situation would, in the long run, prove to be disastrous for the effective functioning of government. This is because it would make every governmental functionary overcautious about taking the simplest of decisions. We may now cite an illustration to give shape to the afore-mentioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, while recording the widespread development of crime syndicates within the country, points out that under the existing system, there is no provision by which the various intelligence agencies can coordinate with each other in properly utilising the information relating to the links developed by crime syndicates which comes their way. Sharing of such information is rare, and much of it is discarded without being put to any productive use. The Report, therefore, recommended the setting up of a Nodal Agency to which all existing intelligence and enforcement agencies (irrespective of the Department under which they are located) shall promptly pass on any information relating to crime syndicates which they may come across. The Report also contains recommendations as to the manner in which the Nodal Agency should be set up while simultaneously emphasising the need for ensuring that the information available with the Nodal set-up is used strictly and purely for taking stringent action against the crime syndicates, without offering any scope whatsoever of its being exploited for political gain. The need for complete confidentiality was also emphasised. The Nodal Agency set-up by the Un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeds to be addressed by a body which function with the highest degree of independence, being completely free from every conceivable influence and pressure. Such a body must possess the necessary powers to be able to direct investigation of all charges thoroughly before it decides, if at all, to launch prosecutions. To this end the facilities and services of trained investigators with distinguished records and impeccable credentials must be made available to it. The Report, the supporting material upon which it is based and the unequivocal assistance of all existing intelligence agencies must be forwarded to this body. In time if the need is so felt, the body may even consider the feasibility of designating Special Courts to try those who are identified by it, which proposal may then be considered by the Union Government. To this end, and in the absence of any existing suitable institution or till its creation, we recommend that a high level committee be appointed by the president of India on the advice or the Prime Minister, and after consultation with the Speaker of the Lok Sabha. The Committee shall monitor investigations involving the kind of nexus referred to in the Vohra Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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