TMI Blog1994 (3) TMI 381X X X X Extracts X X X X X X X X Extracts X X X X ..... n to other areas of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences. DSPE constituted under the said Act is now known as the Central Bureau of Investigation (CBI). Sections 5 and 6 of the Act read as under: 5. (1) The Central Government may by order extend to any area (including Railway areas) in a State, not being a Union Territory the powers and jurisdiction of members of the Delhi Special Police Establishment for the investigation of any offences or classes of offences specified in a notification under Section 3. (2)When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of the police force of that area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. (3)Where any such order under sub-section (1) is made in relat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... then Secretary Rural Development Department, Government of Sikkim, by corrupt or illegal means or by otherwise abusing their position as public servants in conspiracy with other persons caused pecuniary advantage to the private parties and the corresponding loss to the Government of Sikkim and further that these persons entered into a criminal conspiracy with other private persons and awarded contracts to the tune of ₹ 1,62,31,630 to the private parties for implementing Rural Water Supply Scheme under the Minimum Needs Programme during 1983-84 on higher rates and had ignored the recommendations of the concerned Rural Development Department officials on this point. After registering these two cases CBI started investigation and while the matters were under investigation Respondent 4 again became the Chief Minister of Sikkim in March 1985. By notification dated 7-1-1987, when Respondent 4 was the Chief Minister of Sikkim, it was notified that all consents of or on behalf of the State Government under letters dated 20-10-1976 and 10-7-1979 and orders dated 24-12-1983, 28-6-1984 and 10-12- 1984 for investigation of offences by CBI under Section 6 of the Act, are withdrawn and st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e State of Sikkim, by its notification dated 7-1-1987, withdrew the consent earlier accorded by it to the members of the Special Police Establishment for investigation of offences in the State of Sikkim as provided under Section 6 of the Act and that in spite of various communications sent by Government of India to the Government of Sikkim requesting for restoration of the consent under Section 6 of the Act, the State Government had declined to give consent as requested. It has been further stated in the said affidavit that the withdrawal of the consent by the State Government through notification dated 7-1-1987, has caused grave injustice to the investigation of the aforesaid two cases registered by CBI because for want of said consent the reports under Section 173 CrPC could not be filed in the court of law. It has also been stated that the law, once set in motion by registering criminal cases, ought not be permitted to be stalled and the case must be allowed to reach its logical conclusion and that criminal justice requires that the investigating agency should be allowed to bring the result of investigation to the court of law by filing reports under Section 173 CRPC as required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Clauses Act, 1897. 8. Section 21 of the General Clauses Act, 1897 is in following terms: 21. Power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws.- Where, by any Central Act or Regulation, a power to issue notifications, orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions if any to add to, amend, vary or rescind any notifications, orders, rule or bye-laws so issued. 9.Shri Ram Jethmalani, the learned Senior Counsel appearing for the petitioner, has urged that Section 21 of the General Clauses Act has no application to a consent given under Section 6 of the Act inasmuch as Section 21 of the General Clauses Act postulates conferment of the power to issue notifications, orders, rules, or bye-laws by any Central Act or Regulation and that Section 6 of the Act does not confer a power to issue a notification or order and that the consent given under Section 6 cannot be regarded as a notification or order. In this context, Shri Jethmalani has contrasted the provisions of Section 6 with Section 3 of the Act which prescribe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel appearing for Respondent 4, has submitted that the writ petition is an abuse of the process of the court inasmuch as it is politically motivated and, in this context, he has invited our attention to the order passed by this Court on 5-5-1993, wherein it has been stated: Shri Jain strongly urged that the petitioner who was instrumental in the admission of Sikkim as a State in the Indian Union, is greatly exercised and troubled over the inaction of the CBI in investigating into certain charges against Respondent 4. It would appear that in 1987 there was a purported revocation of the sanction. If the revocation is valid, we are afraid, re-agitation of the matter at this distance of time by the petitioner would not be proper and would earn the criticism of amounting to an abuse of the process. But, Shri Jain would say that there is no power of revocation and the CBI must proceed on the assumption that none exists. Shri Parasaran has also urged that there is inordinate delay in filing of the writ petition inasmuch as the FIR was registered as far back as in 1984 and the notification withdrawing the consent was issued in 1987 but the writ petition was filed in 1993, nearly s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 15.As regards delay in filing of writ petition we find that after the issuance of the impugned notification in 1987, efforts were made by the Central Government during the period from 1988 to 1992 to persuade the Government of Sikkim to accord the necessary consent and when the said attempts failed, the petitioner moved this Court in 1993. Having regard to the seriousness of the allegations of corruption that have been made against a person holding the high public office of Chief Minister in the State which have cast a cloud on his integrity, it is of utmost importance that the truth of these allegations is judicially determined. Such a course would subserve public interest and public morality because the Chief Minister of a State should not function under a cloud. It would also be in the interest of Respondent 4 to have his honour vindicated by establishing that the allegations are not true. The cause of justice would, therefore, be better served by permitting the petitioner to agitate the issues raised by him in the writ petition than by non-suiting him on the ground of laches. 16.Coming to the contention urged by Shri Jethmalani on merits it may be mentioned that Section 21 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
