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TMI Blog2004 (4) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... nctioning of the Commissioner of Central Excise resulting in loss of several crores of rupees as also purported dismantling of the Special Investigating Team headed by the appellant herein were in question. The writ petitioners contended that the said Special Investigation Team was dismantled by the Commissioner-I Central Excise & Customs, Hyderabad Commissionerate only with a view to help the dishonest traders and to prevent the cases relating to evasion of excise duty. The appellant was not initially a party therein but despite the same an order of transfer passed against him and others dated 10.3.1997 bearing Establishment Order (G.O.) No. 43/97 was questioned in the said writ petition. The cause of action for filing writ petition No. 5717 of 1997 was also said to be issuance of the said order of transfer dated 10.3.1997. A Division Bench of the High Court by an order dated 21.03.1997 directed the appellant (although thence he was not a party) not to hand over any record in any pending case which was or is under his investigation to M.V.S. Chowdary till 26.3.1997. The respondents were also purported to be relying on or on the basis of the additional affidavit directed by the Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in view the purported order passed by the Chief Justice, a Bench was constituted in relation whereto admittedly no direction had been issued by the Chief Justice. It also stands admitted that even no direction had been issued to number the said applications, whence the application filed by the appellants were placed before the Bench. The Registry submitted several reports before the Court, on having been asked to do so, which reveal as to how a fraud was practised upon the court presumably in collusion with some officers of the Registry. A contempt proceeding was initiated against Digumarthi Premchand relying or on the basis of the said reports but as the writ petitioner had been evading service of notice, not only non-bailable warrant was issued in absence of any correct address of writ petitioner having been furnished; the CBI was also asked to cause to make a detailed enquiry/investigation into the following issues: "(a) whether there is any person by name Digumarthi Premchand, Journalist, r/o. Narayanaguda and if such a person is available, cause his production before this Court on or before 19-9- 1997, (b) if there is no such person by name Digumarthi Premchand, the sixth r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed that the origin of all Phonogram was from public telephone booth bearing No. 243 980, located at Basheerbagh and other PCO telephone No.332917 located at Erramanzil Colony. Investigpation disclosed that on the day of filing of WP No.6240 of 1997 i.e., 26-3-1997 Sri Kali Prasada was taken to the office of Sri S. Ramachander Rao by Sri N.K. Pramda and Sri B.P. Agarwal. Investigation also disclosed that on 26- 3-1997, Sri D. Premchand was present at Srikakulam and he has not come to Hyderabad nor he signed the affidavit enclose with the WP No.6240 of 1997. The GEQD has opined that the signature on WP No.6240 of 1997 was not that of Sri D. Premchand. But Sri D. Premchand with a fraudulent and dishonest intention filed an affidavit before the Hon'ble High Court on 7-11-1997 stating that he himself has signed the affidavit enclosed with the WP No.6240 of 1997 and that he himself filed the petition. Sri S. Ramachander Rao, Sr. Advocate and Sri Seshagiri Rao, Advocate who filed the WP No.6240 of 1997 have also stated in their statements recorded under Section 164 Cr.PC before the II MM Hyderabad that the person Sri D. Premchand who had surrendered before Hon'ble High Court on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh he did not know him personally. He further alleged that the requisite documents for filing the writ petition have been handed over to the learned Advocate by the appellant. The High Court upon analysis of the pleadings and other materials placed before it noticed: "On analysis of the pleadings before us and various reports filed by the CBI and the sworn statement of the petitioner in WP No.5717 of 1997 would lead to an irresistable conclusion that both these writ petitions are engineered and brought into existence by the 8th respondent herein with an oblique motive of avoiding an order of simple transfer dated 8-5-1997. It is the 8th respondent who has acted from behind the scene and had set up the petitioner to file the writ petition making reckless and unfounded allegations against the respondents. All this has been done only to avoid an order of simple transfer. To what extent the 8th respondent can stoop down is amply demonstrated from the contents of his own affidavit filed into this Court. In one of his counter- affidavits to the report of the CBI dated 17-10-1997 the 8th respondent inter alia states that "on the day Sri B.P. Agarwal introduced me to the advocate but I h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1997 appeared in person and wanted to withdraw the writ petition but did not absolve him of his responsibility in the matter in filing the writ petition at the instance of the appellant herein. However, it took a lenient view and dismissed the writ petition without awarding any cost against him. The High Court, however, administered severe warning to him to be careful in future and not to play any game with judicial process. So far as writ petition No. 6240 of 1997 is concerned, the High Court held: "So far as WP No.6240 of 1997 is concerned, we have already observed that the petitioner, as well as the 8th respondent are guilty of abuse of the judicial process in the name of public interest litigation. They have put the device of public interest litigation to naked abuse. The weapon invented by the Apex Court with a noble cause intended to serve the deprived sections of the Society pressed into operation for destructive purpose. The streams of justice are polluted by their conduct. We, under those circumstances, consider it appropriate to dismiss the writ petition - Writ Petition No.6240 of 1997 with exemplary costs quantified at Rs. 25,000/-(Rupees twenty five thousand only) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Bureau of Investigation, his involvement in getting the writ petition filed is apparent on the face of the record. The writ petitioner who had been arrayed as respondent No. 8 in the Special Leave application has filed an affidavit. He in his affidavit does not deny or dispute the findings of the High Court. He does not say that the writ petition was not filed at the instance of the appellant herein. It is not in dispute that although the appellant was not a party in the writ petition the order of transfer passed against him dated 10.3.1997 was the subject matter thereof and an interim order had been passed by the Division Bench of the High Court. The fact that he derived benefit of the said interim order is not denied or disputed. The fact that he filed two applications, one for impleading himself as a party in the pending writ proceeding and another for an interim order purported to be for implementing the order of the Chief Commissioner dated 08.05.1997 also stands admitted. We may recall that the original writ petitioner also filed a similar application. The High Court arrived at its conclusion not only on the basis of the report of the Central Bureau of Investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not be traced out for some time. Furthermore, he appeared to be on leave during the following period: "1. 83 days EL from 3-4-1997 to 24-6-1997. 2. 138 days EL from 26-6-1997 to 10-11-1997. 3. 15 days EL from 11-11-1997 to 25-11-1997. 4. 115 days Half-pay leave from 26-11-1997 to 29- 4-1998. 5. 32 days extraordinary leave from 30-4-1998 to 31-5-1998." He, as noticed hereinbefore, filed application for regularisation of the said period of leave pursuant to or in furtherance of the observations made by the Chief Commissioner, Hyderabad in his order dated 08.05.1997. The principles of natural justice, it is well-settled, cannot be put into a strait-jacket formula. Its application will depend upon the facts and circumstances of each case. It is also well-settled that if a party after having proper notice chose not to appear, he a later stage cannot be permitted to say that he had not been given a fair opportunity of hearing. The question had been considered by a Bench of this Court in Sohan Lal Gupta (Dead) through LRs. and Others Vs. Asha Devi Gupta (Smt.) and Others [(2003) 7 SCC 492] of which two of us (V.N. Khare, CJI and Sinha, J.) are parties wherein upon noticing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opened, by itself may not be no ground to close the doors of courts of justice. The doors of the courts must be kept open but the Court cannot shut its eyes to the ground realities while entertaining a public interest litigation. Exercise of self-restraint, thus, should be adhered to, subject of course to, just exceptions." (See also Maharashtra State Board of Secondary Education Vs. Paritosh Bhupesh Kumarsheth etc., AIR 1984 SC 1543.) The said decision has been followed in Chairman & MD, BPL Ltd. vs. S.P. Gururaja and Others [(2003) 8 SCC 567], wherein it was noticed : "Dawn Oliver in Constitutional Reform in the UK under the heading 'The Courts and Theories of Democracy, Citizenship, and Good Governance' at page 105 states: "However, this concept of democracy as rights-based with limited governmental power, and in particular of the role of the courts in a democracy, carries high risks for the judges - and for the public. Courts may interfere inadvisedly in public administration. The case of Bromley London Borough Council v. Greater London Council ([1983] 1 AC 768, HL) is a classic example. The House of Lords quashed the GLC cheap fares policy as being based on a misr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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