2011 INSC 0204
Centre for Public Interest Litigation & Others
v.
Union of India & Others
(Supreme Court Of India)
HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE A.K.
GANGULY
Civil Appeal No. 10660 Of 2010 | 10-02-2011

1. At the commencement of hearing, Shri. K.K. Venugopal, learned Senior
Counsel appearing for CBI and the Enforcement Directorate produced three
sealed envelopes (two sets), which were opened in the Court in the presence of
the learned counsel for the parties. The envelopes contain the following reports:

1. Progress report dated 10-2-2011 on CBI Case No. RC DAI 2009A 0045 (2G
Spectrum case).

2. CBI report in PE.BD1/2010/E/0002 BS & FC/CBI/New Delhi and annexure
to that report (both spiral bound).

3. Status report prepared by the Directorate of Enforcement for the period from
27-11-2010 to 8-2-2011.

2. On being asked by the Court, Ms. Indira Jaising, learned Additional Solicitor
General made available the report prepared by one-man Commission headed by
Justice Shivaraj V. Patil (retired). Shri Harin P. Raval, learned Additional
Solicitor General representing the Directorate of Enforcement produced the
status report (as on 26-11-2010) prepared by the Directorate of Enforcement.

3. Shri Venugopal took us through the salient features of the status reports and
stated that CBI will definitely file the charge-sheet by 31-3-2011. Shri

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Venugopal also gave out that today itself four officers have been included into
the investigation team for ensuring completion of the investigation within the
time schedule disclosed before the Court.

4. We have gone through the report and note with satisfaction that the Director,
CBI has given due importance to the 2G Spectrum case.

5. In reply to the Court's query as to what action has been taken against the
beneficiaries of UAS licences given in January 2008 and thereafter, who prima
facie appear to have conspired for causing loss to the public revenue, Shri
Venugopal made a request for adjournment for two weeks to enable him to seek
necessary instructions.

6. We also indicated to the learned Attorney General that a separate Special
Court should be established to try the case(s) relating to 2G Spectrum Scam.
The learned Attorney General responded to this by stating that he may be given
two weeks' time to consult the authorities concerned and make a statement on
this issue.

7. The request of the learned Attorney General and Shri Venugopal is accepted
and the case is adjourned to 1-3-2011 for further consideration.

8. Since this Court is monitoring the investigation of the 2G Spectrum case, we
direct that no court shall pass any order which may, in any manner, impede the
investigation being carried out by the Central Bureau of Investigation and the
Directorate of Enforcement.

9. The Court Master is directed to reseal all the reports, which shall be kept
under lock and key by the Secretary General of this Court.

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