TMI Blog2012 (3) TMI 725X X X X Extracts X X X X X X X X Extracts X X X X ..... IPC read with Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act (hereinafter referred to as PC Act ), on the allegations of criminal conspiracy and criminal misconduct in respect of allotment of Letters of Intent (LOI), Unified Access Services (UAS) Licenses and Spectrum by Department of Telecommunication (DoT). 3. In the abovesaid case, the petitioner was arrested by CBI on 2.2.2011 at New Delhi. After investigation, the CBI filed a charge sheet on 02/04/2011 against twelve accused persons including the present petitioner, a public servant of the Joint Secretary level, before the court of Shri O.P. Saini, Special Judge Patiala House courts, New Delhi. 4. The facts in brief are that receipt of applications for new UA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osecution. The said application was dismissed by learned Special Judge holding that the documents which are sought to be produced were aimed at fishing expedition and the application was designed to waste the time of the court and to delay the proceedings. 6. The impugned order has been assailed mainly on the ground that the production of documents as detailed in the application under reference is necessary for effective cross examination of PW7 Mr. Aseervatham Achary. Learned counsel for the petitioner submitted that when the petitioner was posted as PS to Minister, Mr. Aseervatham Achary was also posted as Additional PS and from the documents Mr. Aseervatham Achary was to be confronted to elicit that he was also doing all the official wor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary (PW7) and not at the stage of framing of charges, but for his. The observations of the Apex Court in Debendra Nath Padhi (supra) can be noted as under: 25. Any document or other thing envisaged under the aforesaid provision can be ordered to be produced on finding that the same is necessary or desirable for the purpose of investigation, inquiry, trial or other proceedings under the Code'. The first and foremost requirement of the section is about the document being necessary or desirable. The necessity or desirability would have to be seen with reference to the stage when a prayer is made for the production. If any document is necessary or desirable for the defence of the accused, the question of invoking Section 91 at the initial s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the court or police officer in charge of the police station is necessary or desirable for the purpose of any investigation, enquiry or trial or other proceedings under the Code. The width of the powers under this section is unlimited. The only limitations are as regards to the such documents or things to be necessary or desirable for the purposes mentioned therein. Though the case of Debendra Nath Padhi (supra) pertained to the stage of framing of charges and the Apex Court held that at that stage, the case of production of documents was not made out, but the plain and literal reading of provisions of section 91 Cr. PC would reveal that the court was empowered to order for production of document or other thing only when that may be n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 007 to December 2008 when Mr. A. Raja accompanied by Mr. Aseervatham Achary met PM. For cross examination PMO/PM Residence/Special Protection Group 3. Visitor's Register maintained by the Ministry of Home Affairs (MHA) in respect of Sanchar Bhawan between May, 2007 to December 2008. For cross examination MHA/Dot. 4. Visitor's Register in the MOF maintained by the MHA in respect of the office of Finance Minister between May, 2007 to October 2008. For cross examination MOF 5. Dates on which Mr. A. Raja met Mr. P. Chidambram between May, 2007 to December 2008. For cross examination MOF 6. File No. 20-165/2007-AS-I in respect of letter sent by Shri Subbarao to Shri D. Mathur in which file notings of the reply sent by Shri D. Mathur to S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to December 2008 are sought to be produced. 12. A look at the details of the documents which are sought to be produced as noted above, would reveal that the petitioner seemed to be trying to undertake a roving enquiry not only into the day to day working of PW7 in his official as well as personal capacity, but even wanted to know and expose his movements and phone calls. He even wanted to know as regards to the record of the movements of SPG in the PMO and residential of Prime Minister and also the name of all the visitors visiting the Ministry of Home Affairs. Further, he also wanted to know the dates of meetings of the Minister A. Raja with Minister Mr. P. Chindambram. Even with regard to the file mentioned at S. No. 6 in respect of some ..... X X X X Extracts X X X X X X X X Extracts X X X X
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