Rajiv Ranjan Singh @ Lallan Singh Vs. the Central Bureau of Investigation and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/952488
CourtJharkhand High Court
Decided OnNov-16-2011
Case NumberW.P. (PIL) No. 5117 of 2011
Judge THE HONOURABLE CHIEF JUSTICE MR. PRAKASH TATIA & P.P. BHATT
Reported in2012CrLJ259(NOC)
AppellantRajiv Ranjan Singh @ Lallan Singh
RespondentThe Central Bureau of Investigation and Another
Excerpt:
1. this writ petition has been filed by the writ petitioner seeking direction against the central bureau of investigation (cbi) to do its duty and make bonafide efforts to make expeditious trial of all the cases of conspiracy involving political leaders and senior bureaucrats in the cases known as “fodder scam cases” in the state of jharkhand. further direction has been sought that state of jharkhand be directed to constitute adequate cbi courts to deal with such cases of fodder scam and it has also been prayed that state of jharkhand should ensure regular functioning of the special cbi courts and expedite the trial in fodder scam cases being case nos. rc20(a)/96-pat, rc38(a)/96-pat, rc47(a)/96-pat, rc64(a)/96-pat, rc68(a)/96-pat and rc63(a)/96-pat. 2. before approaching this court, the petitioner approached the hon'ble supreme court for the same relief by submitting writ petition (civil) no. 316 of 2011 which has been permitted to be withdrawn by the writ petitioner vide order dated 01.08.2011 with liberty to file a petition before the concerned high court. the petitioner, therefore, has filed this writ petition. 3. for the same purpose and relief, one writ petition filed by the present very petitioner being c.w.j.c. no. 293 of 2001, is already pending in this court since 2001. several orders have been passed by this court and the progress in trial of all those cases are under consideration in earlier writ petition being c.w.j.c. no. 293 of 2001 wherein even order has been passed that the officers connected with the fodder scam cases shall not be transferred. because of the monitoring of this court in c.w.j.c. no. 293 of 2001, the cbi submitting the progress report before this court and today also in c.w.j.c. no. 293 of 2001 a report has been submitted by the cbi indicating that out of total 53 fodder scam cases being tried at ranchi, 38 cases have been disposed of. in one of the fodder scam case i.e. rc49(a)/96-pat, total 61 accused persons faced the trial and out of them, 58 have been convicted. it is pertinent to mention here that in all 38 cases which have been decided till now, the accused persons have been convicted. 4. it has been submitted in report that apart from 38 disposed of cases, in two cases i.e. rc31(a)/96-pat and rc52(a)/96-pat, prosecution evidence have been concluded. case no. rc31(a)/96-pat is at recording of the statement of the accused under section 313 cr.p.c. whereas rc52(a)/96-pat is at final argument stage. out of 15 cases pending trial, 9 cases are at prosecution evidence stage, 01 case is at the stage of recording statement of accused under section 313 cr.p.c., 02 cases are at defence evidence stage and 03 cases are at final argument stage. during the period of this report, 165 prosecution witnesses and 14 defence witnesses have been examined. three of the prosecution witnesses were recalled and they were discharged after their re-examination. in rc20(a)/96-pat, the evidence has started on 18.04.2011, however, the presiding officer of this court was transferred on 14.09.2011. it will be worthwhile to mention that total 122 accused persons have been examined by the special courts in terms of the provision of section 313 cr.p.c. 5. we have narrated these facts only to indicate that in the earlier writ petition filed by the writ petitioner himself, the fodder scam case are being monitored and now substantial number of cases have already been decided by the trial courts and in other cases there is a progress. we are all conscious of the fact that cases are very old and of the year 1996, therefore, they are required to be decided expeditiously otherwise also, but in these cases wherein large number of accused persons are involved as well as looking to the involvement of persons, the court is required to monitor the cases which is being monitored. 6. in view of the above fact, we do not find any just reason to entertain second writ petition for the same relief as prayed in the earlier writ petition filed by the present writ petitioner himself. therefore, this writ petition no. 5117 of 2011 is disposed of because of pendency of the writ petition being c.w.j.c. no. 293 of 2001. 7. however, it is made clear that since in c.w.j.c. no. 293 of 2001 the writ petitioner is already party petitioner, therefore, if he wants to bring on record the facts relevant for the purpose of passing any direction by this court, he will be free to submit the same before this court.
Judgment:

1. This writ petition has been filed by the writ petitioner seeking direction against the Central Bureau of Investigation (CBI) to do its duty and make bonafide efforts to make expeditious trial of all the cases of conspiracy involving political leaders and senior bureaucrats in the cases known as “Fodder Scam Cases” in the State of Jharkhand. Further direction has been sought that State of Jharkhand be directed to constitute adequate CBI Courts to deal with such cases of Fodder Scam and it has also been prayed that State of Jharkhand should ensure regular functioning of the Special CBI Courts and expedite the trial in Fodder Scam Cases being case Nos. RC20(A)/96-Pat, RC38(A)/96-Pat, RC47(A)/96-Pat, RC64(A)/96-Pat, RC68(A)/96-Pat and RC63(A)/96-Pat.

2. Before approaching this Court, the petitioner approached the Hon'ble Supreme Court for the same relief by submitting Writ Petition (Civil) No. 316 of 2011 which has been permitted to be withdrawn by the writ petitioner vide order dated 01.08.2011 with liberty to file a petition before the concerned High Court. The petitioner, therefore, has filed this writ petition.

3. For the same purpose and relief, one writ petition filed by the present very petitioner being C.W.J.C. No. 293 of 2001, is already pending in this Court since 2001. Several orders have been passed by this Court and the progress in trial of all those cases are under consideration in earlier writ petition being C.W.J.C. No. 293 of 2001 wherein even order has been passed that the officers connected with the Fodder Scam Cases shall not be transferred. Because of the monitoring of this Court in C.W.J.C. No. 293 of 2001, the CBI submitting the progress report before this Court and today also in C.W.J.C. No. 293 of 2001 a report has been submitted by the CBI indicating that out of total 53 Fodder Scam Cases being tried at Ranchi, 38 cases have been disposed of. In one of the Fodder Scam Case i.e. RC49(A)/96-Pat, total 61 accused persons faced the trial and out of them, 58 have been convicted. It is pertinent to mention here that in all 38 cases which have been decided till now, the accused persons have been convicted.

4. It has been submitted in report that apart from 38 disposed of cases, in two cases i.e. RC31(A)/96-Pat and RC52(A)/96-Pat, prosecution evidence have been concluded. Case No. RC31(A)/96-Pat is at recording of the statement of the accused under Section 313 Cr.P.C. whereas RC52(A)/96-Pat is at final argument stage. Out of 15 cases pending trial, 9 cases are at prosecution evidence stage, 01 case is at the stage of recording statement of accused under Section 313 Cr.P.C., 02 cases are at defence evidence stage and 03 cases are at final argument stage. During the period of this report, 165 prosecution witnesses and 14 defence witnesses have been examined. Three of the prosecution witnesses were recalled and they were discharged after their re-examination. In RC20(A)/96-Pat, the evidence has started on 18.04.2011, however, the Presiding Officer of this Court was transferred on 14.09.2011. It will be worthwhile to mention that total 122 accused persons have been examined by the Special Courts in terms of the provision of Section 313 Cr.P.C.

5. We have narrated these facts only to indicate that in the earlier writ petition filed by the writ petitioner himself, the Fodder Scam Case are being monitored and now substantial number of cases have already been decided by the trial courts and in other cases there is a progress. We are all conscious of the fact that cases are very old and of the year 1996, therefore, they are required to be decided expeditiously otherwise also, but in these cases wherein large number of accused persons are involved as well as looking to the involvement of persons, the Court is required to monitor the cases which is being monitored.

6. In view of the above fact, we do not find any just reason to entertain second writ petition for the same relief as prayed in the earlier writ petition filed by the present writ petitioner himself. Therefore, this writ petition No. 5117 of 2011 is disposed of because of pendency of the writ petition being C.W.J.C. No. 293 of 2001.

7. However, it is made clear that since in C.W.J.C. No. 293 of 2001 the writ petitioner is already party petitioner, therefore, if he wants to bring on record the facts relevant for the purpose of passing any direction by this Court, he will be free to submit the same before this Court.