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Manohar Lal Sharma Versus Union of India & Others

2015 (12) TMI 1245 - DELHI HIGH COURT

Power of court to review and supervise the investigations against the political party - investigations under Foreign Contribution (Regulation) Act, 2010 (FCRA) - Held that:- Undoubtedly the Courts, in exercise of their power of judicial review, are entitled to direct investigation into an offence alleged to have taken place, as reiterated by the Constitution Bench in State of West Bengal Vs. Committee for Protection of Democratic Rights West Bengal (2010) 3 SCC 571 and such direction would not a .....

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lest investigate or if find the investigation though undertaken, to be not a fair one or when find the gravity of the offence prima facie found by the Court to be such which requires investigation by a specialized agency, to restore public faith in the process of law.

Either of the said requirements to have been met. Not only has the State/State Agency not refused investigation or a willingness to look into the allegations made in the petition against the respondents but from a perusa .....

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ier writ petition filed by the petitioner finding no prima facie merit in the allegations of the petitioner to call for an order by the Court in exercise of its power of judicial review, to the investigative agencies to investigate. - No reason as to why the investigative agencies to whom the petitioner has already complained would not look into or are not looking into the allegations or would not discover the truth. - Appeal disposed of. - W. P. (C) No. 6414/2013 - Dated:- 17-12-2015 - Hon ble .....

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r a criminal case against the respondents No.2 to 5 viz. Sh. Shanti Bhushan, Sh. Prashant Bhushan, Sh. Arvind Kejriwal and Sh. Manish Sisodia under Foreign Contribution (Regulation) Act, 2010 (FCRA) and to conduct day-to-day trial proceedings within supervision of this Court. Ancillary reliefs of seizure of accounts and funds secured by the respondents No.2 to 5 in the name of Aam Aadmi Party (AAP) and other societies / entities is also claimed. 2. It is inter alia the case in the petition that .....

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received from the petitioner had been investigated and a report was submitted to the Court in W.P.(C) No.3412/2012. Accordingly, the matter was adjourned to 23rd October, 2013 with a direction to the learned ASG to produce the said report. On 23rd October, 2013, the counsel for the respondent No.1 UOI stated that the status report filed on 15th January, 2013 in W.P.(C) No.3412/2012 pertained to evaluation done in the year 2012 with respect to the accounts of the Civil Society @ Team Anna and th .....

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nsortium of respondents No.2 to 5. 5. On 29th January, 2014, the learned ASG appearing for the respondent No.1 UOI stated that certain queries had been made from the respondents pertaining to allegations in the petition and response whereto was awaited and the verification would be completed thereafter. 6. Vide order dated 5th February, 2014, on oral application of the petitioner, AAP was impleaded as respondent No.7 and a response called therefrom. A counter affidavit has been filed on behalf o .....

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der dated 24th January, 2014, the said writ petition was closed observing that the irregularities found were not serious enough to warrant criminal investigation; ii) that a questionnaire had been sent to the Chief Functionary of AAP pertaining to the allegations made in the present petition and to which a response had been received; and, iii) further information had been sought from AAP and the allegations of the petitioner with regard to violation by respondents No.2 to 5 of FCRA were being en .....

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during the hearing also handed over the record of the Ministry of Home Affairs pertaining to the matter in a sealed cover and which has also been perused by us. 10. While the petitioner and the counsel for the respondent UOI reiterated their contentions as recorded by us hereinabove, the counsel for the respondent no.7 AAP vehemently contended that the respondent no.7 AAP is being targeted for such investigation and when it is the case of the respondent no.7 AAP that all other major political pa .....

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tion Agency (CIA) of the United States of America also has to be involved owing to the involvement of the Ford Foundation. He has during the hearing also handed over several news clippings including of International Journals, downloaded from the internet. In fact after the judgment had been reserved also the petitioner mentioned the matter and has handed over an affidavit of one Mr. Neil Terrance Haslam, S/o Mr. Roland Terrance deposing that the respondents in this petition, against whom investi .....

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in State of West Bengal Vs. Committee for Protection of Democratic Rights West Bengal (2010) 3 SCC 571 and such direction would not amount to infringement of the doctrine of separation of powers but such power should not be exercised just for asking or to satisfy the ego or vindicate the prestige of a party interested in such investigation and only if find such a direction necessary in the facts and circumstances of the case/situation. 13. In our view, the Courts would be justified in issuing su .....

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ents to have been met. Not only has the State/State Agency not refused investigation or a willingness to look into the allegations made in the petition against the respondents but from a perusal of the records produced before us we find the State to have, in the context of each and every averment made in the present case, launched an inquiry/investigation in accordance with law. The petitioner has also not been able to make out a case of the likelihood of the investigation against the respondent .....

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Services, U.P. Vs. Sahngoo Ram Arya (2002) 5 SCC 521, set aside the judgment of the High Court directing the Central Bureau of Investigation (CBI) to hold an inquiry into the allegations made against the Minister. It was reiterated that direction for investigation can be given only if an offence is prima facie found to have been committed or a person s involvement is prima facie established but a direction to investigate whether any person has committed an offence or not, cannot be legally given .....

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