Scorpene PIL Order Dt 13.01.2016
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Transcript of Scorpene PIL Order Dt 13.01.2016
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W.P.(C) No.6426/2006 Page 1 of 4
$~2* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6426/2006
CENTRE FOR PUBLIC INTEREST LITIGATION ..... PetitionerThrough: Mr.Prashant Bhushan with Mr.RohitKumar Singh and Mr.O.Kuttan, Advs.
versus
UOI AND ANR ..... RespondentsThrough: Mr.Sanjay Jain, ASG withMr.Jasmeet Singh, CGSC, Ms.Aastha Jain andMr.Srivats, Advs. for UOI.Ms.Sonia Mathur, Adv. for CBIMr.Anup J.Bhambani, Sr.Adv. with Mr.RiteshDhar Dubey, Adv. for Outlook Publishing.
CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
O R D E R
% 13.01.2016
1. This petition by way of Public Interest Litigation was filed on
26.04.2006 with the following prayers:
“(a) order a thorough court monitored investigation bythe CBI or by a Special Investigation Group, constituted
by this Hon’ ble Court, in the involvement ofunauthorized middlemen/commission agents in theScorpene submarine procurement deal and payment ofcommission/bribes, and if such allegations are foundcorrect, pass further consequential and necessarydirections, including prosecution of the persons foundinvolved;
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W.P.(C) No.6426/2006 Page 2 of 4
(b) direct the Respondents to identify the officialsguilty of serious dereliction of duty in not taking timely
and appropriate action to check the involvement ofmiddlemen/commission agents and payment ofcommission/bribes in the Scorpene deal despiteknowledge and to take appropriate disciplinary and penalaction against them;”
2. On the basis of certain investigative reports published in weekly news
magazine “Outlook” in its edition of 20.02.2006 and 27.02.2006, it is
alleged in the writ petition that the agreement by respondent No.1 and 2 with
the French Government and Thales (a French Company) on 07.10.2005 to
procure the Scorpene submarines is actuated with mala fides and extraneous
considerations and that the same needs to be thoroughly investigated.
3. The allegations in the petition included that the respondent Nos.1 and
2 went ahead with the deal despite having knowledge about the involvement
of middlemen as pointed out by the Central Vigilance Commission and the
CVO of Ministry of Defence way back in 2002; though CVC in its report
had informed the respondent No.1 that one of the companies involved in the
deal, namely, DCNI (the manufacturer of Scorpene submarines) was
blacklisted by the CVO of Ministry of Defence, the respondent Nos.1 and 2
went ahead and signed the deal; four months after the signing of the deal,
though it was exposed by a respectable news magazine about the
involvement of the middlemen and payment of huge commission/bribes, the
respondent No.1 failed to take any steps to review the deal and order an
investigation but merely ordered an inquiry by CBI against some of the
Naval Officers into the issue of the leak of classified information of the
Navy which led to the exposure of the involvement of the middlemen in the
Scorpene deal.
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W.P.(C) No.6426/2006 Page 3 of 4
4. It is pleaded in the writ petition that for ascertaining and gathering all
facts into the alleged high-level corruption in the Defence deals, the
intervention by this court is essential to order a complete investigation under
its direct supervision by CBI or any other independent investigating agency.
5. On 06.12.2006, a status report with regard to the investigation
conducted by CBI into the allegation of “Navy War Room Leak” was filed
in a sealed cover by the learned ASG appearing fro the respondents. On
17.12.2007, it was brought to the notice of this court by the learned ASG
that on receipt of the complaint from the petitioner dated 03.03.2006 (filed
in this petition as Annexure-P23), CBI had instituted a Preliminary Enquiry.
6. Thereafter on 25.07.2008, a copy of the report of the Preliminary
Enquiry by CBI was filed in this court in two sealed covers.
7. Though the learned counsel for the petitioner made a request to
furnish a copy of the said report to him, it is opposed by the learned counsel
for the CBI claiming privilege on the ground that it has received replies from
the National Central Bureau of United Kingdom, Canada and Switzerland
with the condition that the information supplied by them should not be
shared by private parties.
8. Having perused the Preliminary Enquiry Report, we are of the view
that there is substance in the objection raised by the respondents for
furnishing a copy of the Preliminary Enquiry Report to the petitioner.
Hence, the request of the learned Counsel for the petitioner to furnish a copy
of the report cannot be acceded to.
9. We have carefully gone through the Preliminary Enquiry Report. We
found that it is concluded in the Report that in view of the inquiries made
with the Ministry of Defence and in the light of the discussion of various
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