2013 INSC 1007
Manohar Lal Sharma
v.
The Principal Secretary & Others
(Supreme Court Of India)
HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN
B. LOKUR HON'BLE MR. JUSTICE KURIAN JOSEPH
Writ Petition (Criminal) No. 120 Of 2012 With W.P(C) No. 463 Of 2012, 515
Of 2012, 283 Of 2013 | 29-10-2013

Crl.M.P. No. 22887 of 2013:

1. By this petition, Central Bureau of Investigation (CBI) has prayed that one
more Investigating Officer (IO) be permitted to be added to the existing team of
39 officers. The reasons for proposed addition are set-out in paragraphs 3 & 4 of
the Note on Administrative Issues. Having regard to those reasons, we are
satisfied that one IO, whose curriculam vitae has been annexed, may be added
to the present team of Investigating Officers.

Crl. M.P. No. 22887 of 2013 is granted in terms of clause (a) thereof.

Crl.M.P. No.22414 of 2013:

Heard Mr. Manohar Lal Sharma, petitioner-in- person.

Crl. M.P. No. 22414 of 2013 is rejected.

W.P. (Crl.) Nos. 120 and W.P. (C) No. 463 of 2012:

With regard to the non-statutory changes in the administrative arrangements,
particularly (one) Director, CBI be vested with ex-officio powers of Secretary

                             1                                          SpotLaw
of the Government of India reporting directly to the Minister, Department of
Personnel and Training and (two) power to appoint Special Counsels/Retainer
Counsels for CBI, on 10.9.2013, Mr. Goolam E. Vahanvati, learned Attorney
General sought time to seek instructions.

2. Today Mr. Mohan Parasaran, learned Solicitor General submits that the
Central Government is opposed to the above changes. He prays for time to
submit objections in writing. He may do so within two weeks.

3. In pursuance of the order dated 26.9.2013, notices were issued to the States of
Jharkhand, Chhattisgarh, Odisha, Maharashtra, Andhra Pradesh, Madhya
Pradesh and West Bengal.

4. All the 7 States are now represented. 4 States namely; Jharkhand,
Chhattisgarh, Odisha and West Bengal have filed their affidavits. On behalf of
Maharashtra and Madhya Pradesh, it is submitted that the affidavits are ready
and the same will be filed by tomorrow. They may do so by tomorrow.

5. On behalf of the State of Andhra Pradesh, Mr. D. Mahesh Babu, learned
counsel prays for time for filing affidavit.

6. Same may be done within one week.

7. Mr. Manohar Lal Sharma, petitioner-in-person in W.P. (Crl.) No. 120 of 2012
and Mr. Mohan Parasaran, learned Solicitor General submit that in respect of
the affidavits filed by the States certain points need clarification by them. The
petitioner Mr. Manohar Lal Sharma and Union of India may file their brief
affidavits on certain specific points within three weeks.

8. Reply to Crl. M.P. No 4731 of 2013 may also be filed by the contesting
respondents within three weeks.

2  SpotLaw
9. List this group of matters on 26.11.2013 at 2 P.M.

10. Status-reports pertaining to 3 preliminary enquiries in respect of allocation
of coal blocks; 2 preliminary enquiries pertaining to missing documents and 14
regular cases have been filed by the CBI in compliance of the order dated
29.8.2013.

11. By the order of 8.5.2013, the Director, CBI was directed to ensure that
secrecy of the enquiries and investigations into allocation of coal blocks is
maintained and no access of any nature whatsoever in this regard is provided to
any person or authority, including any Minister of the Central Cabinet; Law
Officers, Advocate(s) of CBI, Director of Prosecution and Officials/officers of
the Central Government.

12. The above order was issued in light of the submissions which were made by
the learned Attorney General and Mr. U.U. Lalit, the then counsel for the CBI
and having regard to the peculiarities of the case.

13. The above directions insofar as stage upto Final Report-I is concerned were
reiterated in the subsequent order of 29.8.2013. 14. The status reports filed on
20.10.2013 setting out status of enquiries and investigations as on 18.10.2013
run into 182 pages. Having gone through the status-reports, we are of the view
that for preparation of status reports, CBI may be permitted to have some legal
assistance.

15. Mr. Manohar Lal Sharma, petitioner-in-person in W.P. (Crl.) No. 120 of
2012, Mr. Prashant Bhushan, learned counsel for the petitioners in W.P. (C.)
No. 463 of 2012, Mr. Mohan Parasaran, learned Solicitor General and Mr.
Amrendra Sharan, learned senior counsel for the CBI are agreeable that in
modification of the orders dated 8.5.2013 and 29.8.2013, two in-house
prosecutors and one special counsel referred to in the order dated 29.8.2013,
who were permitted to be consulted for framing of the Final Report-II under
Section 173 Cr.P.C. may be permitted to be consulted for the purposes of
preparation of status-reports and their submission before this Court.

3                                                      SpotLaw
16. In partial modification of the earlier orders dated 8.5.2013 and 29.8.2013,
we order accordingly.

17. CBI shall submit further report in respect of the status regarding
enquiries/investigation up to 31.12.2013 by 9.1.2014.

18. For consideration of the further status-reports, list these matters on
15.1.2014 at 2 P.M.

4  SpotLaw