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TMI Blog2018 (11) TMI 531X X X X Extracts X X X X X X X X Extracts X X X X ..... andards Act, 2006, hereinafter referred to as "the Food Safety Act", has been enacted to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. 3. Some of the relevant provisions of the Food Safety Act are set out herein below for convenience : "Section 3. Definitions. - (1) In this Act, unless the context otherwise requires, - (a) "adulterant" means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter; (b) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents; .... (e)&n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients; (o) "food business operator" in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; .... (q) "food safety" means assurance that food is acceptable for human consumption according to its intended use; (r) "food safety audit" means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; (s) "Food Safety Management System" means the adoption Good Manufacturing Practices, Good Hygienic Practices, Hazard Analysis and Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options; (zr) "sale" with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sate, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article; (zz) "unsafe food" means an article of food whose nature, substance or quality is so affected as to render it injurious to health :- (i) by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substance; or (ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or vegetable substance; or (iii) by virtue of its unhygienic processing or the presence in that artic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 13. Scientific Panels. - (1) The Food Authority shall establish scientific panels, which shall consist of independent scientific experts. (2) The Scientific Panel shall invite the relevant industry and consumer representatives in its deliberations. (3) Without prejudice to the provisions of sub-section (1), the Food Authority may establish as many Scientific Panels as it considers necessary in addition to the Panels on : (a) food additives, flavourings, processing aids and materials in contact with food; (b) pesticides and antibiotics residues; (c) genetically modified organisms and foods; (d) functional foods, nutraceuticals, dietetic products and other similar products; (e) biological hazards; (f) contaminants in the food chain; (g) labelling; and (h) method of sampling and analysis. Section 14. Scientific Committee. - (1) The Food Authority shall constitute Scientific Committee which shall consist of the Chairpersons of the Scientific Panels and six i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to achieve an appropriate level of protection of human life and health and the protection of consumer's interests, including fair practices in all kinds of food trade with reference to food safety standards and practices; ......... (f) in cases where there are reasonable grounds to suspect that a food may present a risk for human health, then, depending on the nature, seriousness and extent of that risk, the Food Authority and the Commissioner of Food Safety shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or type of food, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk; and (g) where any food which fails to comply with food safety requirements is part of a batch, lot or consignment of food of the same class or description, it shall be presumed until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements. (2) The F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istribution or sale of any article of food, either in the whole of the State or any area or part thereof for such period, not exceeding one year, as may be specified in the order notified in this behalf in the Official Gazette; .... (e) sanction prosecution for offences punishable with imprisonment under this Act; Section 34. Emergency prohibition notices and orders. - (1) If the Designated Officer is satisfied that the health risk condition exists with respect to any food business, he may, after a notice served on the food business operator (in this Act referred to as an 'emergency prohibition notice"), apply to the Commissioner of Food Safety for imposing the prohibition. (2) If the Commissioner of Food Safety is satisfied, on the application of such an officer, that the health risk condition exists with respect to any food business, he shall, by an order, impose the prohibition. (3) The Designated Officer shall not apply for an emergency prohibition order unless, at least one day before the date of the application, he has served notice on the food business operator of the business ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 54. Penalty for food containing extraneous matter. - Any person whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupees. Section 55. Penalty for failure to comply with the directions of Food Safety Officer. - If a food business operator or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or regulations or orders issued thereunder, as directed by the Food Safety Officer, he shall be liable to a penalty which may extend to two lakh rupees. Section 57. Penalty for possessing adulterant. - (1) Subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale, or stores, sells or distribute any adulterant shall be liable - (i) where such adulterant is not injurious to health, to a penalty not exceeding two lakh rupees; (ii) where such adulterant is injurious to health, to a penalty not exceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dictive and is one of the leading causes of oral cancer and other periodontal ailments. 5. According to the petitioner, the Global Adult Tobacco Survey - India functioning under the Ministry of Health and Family Welfare, has, in its Fact Sheet of 2009-2010, recorded the fact that 23.6% of the people are using smoke free tobacco and 34.6% of the people in the age group of above 15 years were addicted to the use of tobacco in one form or the other. As per the Global Adult Tobacco Report, an estimated 20.6 Crore Indians are habitual consumers of this harmful product which poses a grave health risk, particularly to the younger generation. 6. In exercise of power conferred by Section 92 of the Food Safety Act, the Central Government has framed the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 (hereinafter referred to as "the 2011 Regulations"). 7. Regulation 2.3 prohibits and/or restricts the sale of certain food products. Regulation 2.3.4 provides "product not to contain any substance which may be injurious to health : Tobacco and nicotine shall not be used as ingredients in any food products" . There is a ban on use of tobacco and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court also directed all Chief Secretaries of States and Administrators of Union territories to issue notifications to ban the sale of gutkha and pan masala. Thereafter, by a letter dated 23-9-2016, the Secretary, Ministry of Health and Family Welfare, Government of India, requested all States and Union territories to comply with the ban of gutkha. 12. The right to health is undoubtedly an important ingredient of the right to life guaranteed under Article 21 of the Constitution of India, as liberally interpreted by the Supreme Court. The Directive Principles of State Policy and in particular Article 47 casts a duty on the State to improve public health and to endeavour to prohibit consumption of intoxicating substances which are injurious to health. 13. In exercise of power conferred by Section 30(2)(a) of the Food Safety Act, the State Government issued a formal gazette notification in the Tamil Nadu Government Gazette on 23-5-2015 prohibiting the manufacture, storage, distribution or sale of Gutkha and Pan Masala and any other food products containing tobacco or nicotine as ingredients in the whole of Tamil Nadu for a period of one year from 23-5-2015. By further n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the petitioner submits that the enclosures to the said letter, which recorded the examination of Mr. Madhava Rao, the main partner of the Gutkha Manufacturer selling the MDM Brand, reveals monthly cash payments to the tune of Rs. 14 lakhs to the Health Minister of Tamil Nadu for a period of three months; monthly payments of approximately Rs. 2 lakhs to an official of the Central Excise Department, through one Mr. Nandakumar; monthly cash payments of approximately Rs. 10 lakhs to Assistant Commissioner of Police of Red Hills region, through Mr. Rajendran; cash payments to Councillors of the Chennai Corporation of approximately Rs. 14 lakhs per month; monthly cash payments to officials of Food Safety Department of about Rs. 7 lakhs; monthly cash payments to the then Commissioner of Police, Chennai City, through Mr. Rajendran, amounting to Rs. 6 lakhs, made on 21-4-2016, 20-5-2016 and 20-6-2016 respectively; monthly cash payment to an advocate, Mr. Arul of approximately Rs. 4 lakhs; and monthly cash payment to another officer of the Centre. 19. Our attention has also been drawn to a news report in the website edition of The Hindu of 27th and 28th June, 2017, reporting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illors of Chennai Corporation, officials of the Food Safety Department and others, and even to an advocate. 26. In the sworn statement dated 9-7-2016 recorded by the Income Tax Department of the said Mr. Madhava Rao, partner of the said company selling gutkha under the "MDM brand", had corroborated the entries in the ledger accounts and admitted that bribe money had indeed been paid to the persons mentioned in the ledger. Mr. Wilson emphatically argued that there were materials which, prima facie, show offer and receipt of bribes. There appears to be substance in the argument. 27. In the counter-affidavit of the Income Tax Department dated 11-1-2018, it is stated that the letter dated 11-8-2016 addressed to the then Chief Secretary was handed over in person to the then Chief Secretary along with the relevant annexures, including copies of the seized materials, documents and sworn statements, evidencing the payment of bribes to various officials connected to the State Government. 28. The Income Tax Department, as pointed out by Mr. Wilson, has in its counter-affidavit also corroborated the statement of Mr. Madhava Rao regarding payment of bribes to a Minister, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olvement of top police officials, referring to a letter addressed by the subsequent Commissioner of Police, Mr. George, to the Home Secretary. The letter of the successor Commissioner of Police itself is, according to Mr. Wilson, enough prima facie material to grant the relief sought in this writ petition. 35. Mr. Wilson argued that, as per the letter, the Commissioner of Police had been receiving intelligence reports about the illegal sale of banned products like gutkha and pan masala in the city. Though he had ordered raids, he had come to know that several police officers, including officers at the senior level, were involved. The letter of Mr. George corroborates the existence of a factory manufacturing gutkha within the jurisdiction of the Red Hills Police Station. 36. There can be hardly any doubt that allegations of connivance of top officials of different departments under the Central and State Governments in the manufacture, illegal import and sale of gutkha and other forms of chewable tobacco calls for a thorough investigation, when there is correspondence in this regard in Government files. 37. The question is whether this Court should constitute a Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her derail or stultify the investigation in order to favour high officials of the State, who were in a position to influence the cause of investigation. 43. The Learned Advocate General submitted that investigation is proceeding on the right line and every effort is being made by the Directorate of Vigilance and Anti-Corruption to investigate the case properly. There was, thus, no reason not to allow the Directorate of Vigilance and Anti-Corruption to continue to investigate the complaint. 44. In support of the proposition propounded by the Learned Advocate General that the power to transfer investigation to Central Bureau of Investigation should be used very judiciously and after perusal of relevant materials, the Learned Advocate General cited : (i) State of West Bengal v. Committee for Protection of Democratic Rights, reported in (2010) 3 SCC 571); (ii) Secretary, Minor Irrigation and Rural Engineering and Services UP v. Sahngoo Ram Arya and another, reported in (2002) 5 SCC 521; (iii) T.C. Thangaraj v. V. Engammal, reported in (2011) 12 SCC 328); (iv) State of Punjab v. Davinder Pal Singh Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiry under his personal supervision and to take orders only from the Vigilance Commissioner. The Directorate of Vigilance and Anti-Corruption was directed not to share materials collected during the enquiry with any public servant. The Division Bench further directed that there should not be any kind of interference by the political executives, public servants and more particularly, the Director General of Police, the Minister concerned or any other officers against whom allegations had been made. 50. The Learned Advocate General also referred to an earlier order of the Division Bench dated 27-1-2017 in W.P. No. 1846 of 2017, (CT. Vincent v. The Director of CBI and Others), where the prayer for CBI investigation was rejected. 51. The Learned Advocate General argued that a judgment rendered in a public interest litigation binds each member of the public and it was, therefore, not open to another Bench to take a different view. The Learned Advocate General submitted that this proposition finds support from the judgment of the Supreme Court in State of Karnataka v. All India Manufacturers Organization and Others, reported in (2006) 4 SCC 683. 52. The Learned Advocat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3-5-2017 and for registering of a case based on the complaint alleged to have been made on 11-7-2017. 57. Mr. S.R. Rajagopalan argued that the relief sought for was not maintainable as there is already a Committee constituted for the same and there was no allegation in the writ petition that they were not discharging their duties effectively of eradicating the banned items. 58. Mr. S.R. Rajagopalan submitted that the writ petition is politically motivated and not in public interest. The petitioner has made bald allegations to stigmatize the officials of the 11th respondent. 59. Mr. S.R. Rajagopalan submitted that the manufacturers of gutkha and other forms of chewable tobacco were governed by the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, hereinafter referred to as "the COTA". 60. Citing a judgment and order dated 9-6-2017 of a Single Bench of this Court in W.P. No. 21 of 2017, (Jayavilas Tobacco Traders LLP v. The Designated Officer, The Food Safety and Drugs Control Department), Mr. Rajagopalan submitted that this Court has held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent adopted the arguments made by the Learned Advocate General and further argued that this Court should not entertain a politically motivated writ petition filed by a member of a rival political party. 64. In support of his submission, Mr. Pandian cited the judgment of the Supreme Court in Kunga Nima Lepcha and Others v. State of Sikkim and Others, reported in (2010) 4 SCC 513, where the Supreme Court held that public interest litigation filed by individual members of a political party itself raises an apprehension that the litigation was an outcome of political rivalry and the Court should not be turned into an instrument of such partisan considerations. 65. The judgment in Kunga Nima Lepcha, supra, cited by Mr. Pandian, is clearly distinguishable on facts. In the aforesaid decision, the allegations of corruption made by so-called public interest litigants of a rival political party were only levelled against the Chief Minister. In rejecting the writ petition, the Supreme Court took note of the alternative remedy available to the petitioner under the Prevention of Corruption Act, 1988, and the existence of provisions in the Code of Criminal Procedure empowering the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ponents are vitally interested party in the running of the Government or in the administration of criminal justice in the State. A petition filed by such persons cannot be brushed aside on the allegation of political vendetta, if otherwise, it is genuine and raises a reasonable apprehension of likelihood of bias in the dispensation of criminal justice system. 71. "Food" is defined in Section 3(j) of the Food Safety Act to mean any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes genetically modified or engineered food, but does not include animal feed, live animals, unless they are prepared or processed for placing in the market for human consumption, plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances. 72. The definition of "food" which includes any substance whether processed, partially processed or unprocessed, which is intended for human consumption, and even includes chewing gum, is clearly wide enough to include gutkha and other forms of chewable tobacco intended for human consumption. 73. The Food Safety Act is a statute enacted after C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd replaced by the Food Safety Act. The definition of "food" in Section 3(j) of the Food Safety Act is different from and far more expansive than the definition of "food" in Section 2(v) of the Prevention of Food Adulteration Act. Further, the Food Safety Act has been enacted after the COTA. 77. The judgment of the Supreme Court in Godawat Pan Masala Products I.P. Ltd., supra, rendered in the context of the Prevention of Food Adulteration Act, 1954 will not have application in the facts and circumstances of the instant case. 78. It appears that in Jayavilas Tobacco Traders LLP v. The Designated Officer, The Food Safety and Drugs Control Department, (W.P. No. 21 of 2017, dated 9-6-2017), Duraiswamy, J. referred to and followed the judgment of the Supreme Court in Godawat Pan Masala Products I.P. Ltd., supra. It is on that ground that the notifications impugned were held to be void. 79. With the greatest of respect, we are unable to agree with the Single Bench decision of Duraiswamy, J. in Jayavilas Tobacco Traders LLP, supra, and the decision of the Madurai Bench in Crl. O.P. (MD) No. 5505 of 2015, (Manufacturer, M/s. Tejram Dharam Paul, Maurmandi, Bhatinda Distric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lict with the provisions of COTA in any manner. COTA does not deal with adulteration, though it may remotely touch upon misbranding. 82. It is well settled that the endeavour of the Court should be to harmonize two Acts seemingly in conflict. Of course, in this case there does not appear to be any conflict between COTA and the Food Safety Act. COTA is in addition to and not in derogation of other laws relating to food products. There is no non obstante clause in COTA which excludes the operation of other Acts. 83. Considering the harmful effects of consumption of chewable tobacco, such as gutkha, which leads to fatal ailments such as cancer, this court cannot shut its eyes to the malaise of illegal manufacture and sale of gutkha within the jurisdiction of this High Court, i.e., the State of Tamil Nadu and the Union territory of Puducherry. 84. There can be no doubt that a high level, fair and impartial enquiry should be conducted to effectively stop illegal manufacture, distribution and sale of gutkha and other forms of chewable tobacco in contravention of the provisions of the 2011 Regulations and the various notifications, referred to above, and also to identify ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment. Section 4. Superintendence and administration of Special Police Establishment. - (1) The Superintendence of the Delhi Special Police Establishment insofar as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988), shall vest in the Commission. (2) Save as otherwise provided in sub-section (1), the superintendence of the said police establishment in all other matters shall vest in the Central Government. (3) The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government (hereinafter referred to as the Director) who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector-General of Police in respect of the police force in a State as the Central Government may specify in this behalf. Section 5. Extension of powers and jurisdiction of special police establishment to other areas. - (1) The Central Government may by order extend to any area (includi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authorities owned or controlled by that Government. (2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause (c) of the Explanation to Section 7 of the Prevention of Corruption Act, 1988 (49 of 1988)". 89. The CBI is empowered to investigate offences or classes of offences as are notified by the Central Government under Section 3 of the DSPE Act. Even if any one of the offences alleged, particularly the main offence, is included in the list of offences notified under Section 3 of the DSPE Act, the CBI might be directed to take up the investigation. 90. The Central Government might by order extend to any area, besides Union Territories, the powers and jurisdiction of the CBI for investigation of any offences or classes of offences specified in a notification under Section 3 of the DSPE Act, subject to the consent of the concerned Government of the concerned States under Section 6 of the DSPE Act. 91. The CBI can investigate cases in which public servan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate police, organized crime or an illegality having inter-State ramifications involving officials of different State Governments and the Central Government would have to be investigated by the CBI. 97. The underhand dealings in gutkha, pan masala and other forms of chewable tobacco involving, inter alia, officials of the Central and different State Governments has inter-State ramifications and should, therefore, be investigated by the CBI. The counter-affidavit of the fifth and sixth respondents also indicates that the Director General of Central Excise Intelligence and the Additional Director General of Central Excise Intelligence have been requested to examine the case of complicity of Central Excise officials in the illegal manufacture, distribution and sale of gutkha and other forms of chewable tobacco from the vigilance angle. 98. Notifications issued by the Central Government under Section 3 of the DSPE Act enable the CBI to enquire and investigate into offences punishable under different provisions of the Indian Penal Code, the Central Excise Act, the Income-tax Act, the Prevention of Corruption Act and the Prevention of Food Adulteration Act, 1954. 99. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chewable tobacco is going on unabated. 103. The proposition that transfer of investigation to CBI does not depend on finding of inadequacy in the investigation carried out by the State Police finds support from the judgment of the Supreme Court in Subrata Chattoraj v. Union of India and Others, reported in (2014) 8 SCC 768. 104. It is well-settled that justice should not only be done, but manifestly be seen to have been done. Justice is delivered not just by the Courts which adjudicate disputes and exercise powers of judicial review, but also by the Executive which administers the law. A fair and impartial investigation is an essential ingredient of delivery of justice and investigation should not only be fair and impartial, it should manifestly be seen to be fair and impartial. 105. Serious allegations, inter alia, against high police officials with regard to their complicity and connivance in the illegal business in gutkha and other forms of chewable tobacco, is likely to give rise to doubts in the minds of the general public with regard to the fairness, impartiality and/or efficacy of the investigation. It is, therefore, de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court. Even if it is said that there was a final order, in a dispute of this type it would be difficult to entertain the plea of res judicata. As we have already pointed out when the order of 12-3-1985, was made, no reference to the Forest (Conservation) Act of 1980 had been done. We are of the view that leaving the question open for examination in future would lead to unnecessary multiplicity of proceedings and would be against the interests of society. It is meet and proper as also in the interest of the parties that the entire question is taken into account at this stage." 112. In State of Karnataka v. All India Manufacturers Organization and Others, supra, cited by the Learned Advocate General, the Supreme Court held that res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice. The petitioner questioned the appointment of an allegedly tainted officer as Director General of Police. In the context of the challenge to the appointment of Shri T.K. Rajendran as Director General of Police, the petitioner referred to the search conducted by the Income Tax department which allegedly revealed materials indicating that money had been paid to Shri T.K. Rajendran, when he was the Commissioner of Police, Chennai. 117. From the summary of the submissions as recorded by K.K. Sasidharan and G.R. Swaminathan, JJ., it is evident that it was the case of the petitioner that Shri T.K. Rajendran had been given extension of service in a routine and casual manner without forwarding the incriminating documents seized by the Income Tax department to the Union Public Service Commission. The Union Public Service Commission did not, therefore, have occasion to consider the documents which could adversely reflect on the integrity of Shri T.K. Rajendran and his consequential ineligibility for appointment to the sensitive post of Director General of Police. 118. In the writ petition, it was also argued that names of two other police officers senior to Shri T.K. Rajendra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, which provides that nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, without the consent of the Government of that State, cannot apply to a case where investigation is transferred to the CBI by the Court. 125. Similarly, Section 6A of the DSPE Act, which provides that the Delhi Special Police Establishment shall not conduct any enquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 except with the previous approval of the Central Government where such allegation relates to employees of the Central Government of the level of Joint Secretary and above and officers appointed by the Central Government in Corporation, etc., would also not apply to investigation under orders of Court in exercise of its power of judicial review. 126. In State of West Bengal v. Committee for Protection of Democratic Rights, supra, the Supreme Court held : (vii) When the Special Police Act itself provides that subject to the consent by the State, CBI can take up investigation in relation to the crime whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ada Vallabha Venkata Vishwanandha Maharaj v. State of A.P., [(1999) 5 SCC 740 : 1999 SCC (Cri) 1047] this Court observed: (SCC p. 743, para 11) "11. ... There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such direction is made. Casting of any such obligation on the court would only result in encumbering the court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard." 131. As held by the Supreme Court in Committee for Protection of Democratic Rights, supra, our Constitution is a living and organic document. It cannot remain static and must grow with the nation. The constitutional provisions have to be construed broadly and liberally having regard to the changed circumstances and the needs of time and polity. 132. The powers of judicial review conferred on the High Court under Article 226 are wide in scope. The High Courts are empowered to issue directions, orders or writs to any person or authority, including any Government to enforce fundamental rights and, "for any other purpose". It is manifest from the difference in the phraseology of Articles 32 and 226 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... confined to the enforcement of fundamental rights and to deal with some such matters, such as Presidential elections or inter-State disputes which the Constitution does not envisage being heard and determined by High Courts." 136. Article 21 of the Constitution of India has been given a wide interpretation by the Supreme Court and would, in our view, include the Right to Health. When a grave risk is posed to the health of citizens by reason of prevalent illegality, this Court cannot be a mute spectator. 137. When the DSPE Act itself provides that CBI can take up investigation in relation to a crime which was otherwise within the jurisdiction of the State Police, the Court can also exercise its constitutional power of judicial review and direct CBI to take up investigation within the jurisdiction of the State. The power of the High Court under Article 226 of the Constitution of India cannot be taken away, curtailed or diluted by Section 6 of the Delhi Special Police Establishment Act, as observed by a Constitution Bench of the Supreme Court in Committee for Protection of Democratic Rights, supra. 138. None can dispute the power of the High Court under Article 226 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minathan, JJ. in K. Kathiresan, supra, the Vigilance Commission headed by the Vigilance Commissioner has extensive powers to curb corruption and initiate action against Government servants and servants of public sector undertakings for acceptance of illegal gratification and matters incidental thereto. The State Vigilance Commission might enquire into allegations of corruption against officials of the State Government. The State Vigilance Commission might also conduct a detailed enquiry to fix the responsibility for the loss of the file containing incriminating materials handed over to the then Chief Secretary by the Principal Director of Income Tax (Investigation) on 12-8-2016 and ensure that the guilty are brought to book and appropriate action taken in accordance with law. However, investigation by the Vigilance department is from the angle of vigilance. The aim is to detect corruption. The power of the Vigilance Commission to investigate would not extend to an enquiry into the modus operandi of the gutkha mafia, the mode and manner of import from other States, distribution and sale of gutkha and other chewable forms of tobacco, and detection of the sources of supply. Enquiry by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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