LexSAMAJ PARIVARTAN SAMUDAYA & ORS. versus STATE OF KARNATAKA &ORS.
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[2012] 5 S.C.R. 1074 A SAMAJ PARIVARTAN SAMUDAYA & ORS. B c v. STATE OF KARNATAKA &ORS. IA NO. OF 2012 in (Writ Petition (Civil) No. 562 of 2009) MAY 11, 2012 [S.H. KAPADIA, CJI, AFTAB ALAM AND SWATANTER KUMAR, JJ.) Mines and Minerals: Minerals - Pilferage and illegal mining of - Case registered by CBI against erring company - Charge-sheet 0 filed in court - Petition filed before Supreme Court regarding illegal mining still going on - Central Empowered Committee (CEC) constituted by Supreme Court - CEC submitted reports dated 20.4.2012 and 27.4.2012 to Supreme Court pointing out large illegalities and irregularities coupled with criminality E - Held: In the instant case, all the acts and transactions may be so inter-connected that they would ultimately form one composite transaction making it imperative for the Court to direct complete and comprehensive investigation by a single investigating agency - Directions given to CBI to investigate into the issues specified in CEC Report dated 20.4.2012 - F Meanwhile proceedings in relation to the items concerned as mentioned in the judgment, if pending before any court, to remain stayed - Matter adjourned to 3.8.2012 for consideration of report dated 27.4.2012 - Environmental law. G Code of Criminal Procedure, 1973: s. 173(8), 202 and 210 - Held: Further investigation by the investigating agency, after presentation of c;i cha/Ian (charge sheet in terms of s. 173) is permissible in any case impliedly H 1074 SAMAJ PARIVARTAN SAMU DAYA v. STATE OF 1075 KARNATAKA &ORS. but in no event is impermissible - Even assuming that the A illegalities, irregularities and offences alleged to have been committed by the affected parties are the subject matter, even in their entirety, of previous investigation cases, sub-judice before various courts including the writ jurisdiction of the High Court, an investigating agency is empowered to conduct 8 further investigation after institution of a charge-sheet before the court of competent jurisdiction - A Magistrate is competent to direct further investigation in terms of s. 173(8) in the case instituted on a police report - Similarly, the Magistrate has powers u/s 202 to direct police investigation while keeping the C trial pending before him instituted on the basis of a private complaint in terms of that Section - The provisions of s. 210 use the expression 'shall' requiring the Magistrate to stay the proceedings of inquiry and trial before him in the event in a similar subject matter, an investigation is found to be in progress - All these provisions clearly indicate the legislative D scheme under the Cr.P. C. that initiation of an investigation and filing of a chargesheet do not completely debar further or wide investigation by the investigating agency or police, or even by a specialized investigation agency - There does not seem to be any element of prejudice being caused to the E affected parties if the CBI is permitted to investigate the entire matter - There does not seem to be any prejudice to parties if further or wider investigation is directed by the Court - The direction of further investigation is based upon documents and facts brought to light by the CEC as a result of examination F conducted in the course of its primary function relating to inquiry into environmental violations and illegal mining activity - The criminal offences are primarily offences against the State and secondarily against the victim - In the instant case, if the investigation by specialized agency finds that the G suspects have committed offences with or without involvement of persons in power, still such violation undoubtedly would have been a great loss to the environmental and natural resources and would hurt both the State and national economy H 1076 SUPREME COURT REPORTS [2012] 5 S.C.R. A - An ordinary complainant cannot be expected to carry the burden of proving such complex offences before the court of competent jurisdiction by himself and at his own cost - Doing so would be a travesty of the criminal justice system. B Constitution of India, 1950: Arts. 32 and 136 read with Art. 21 - Pilferage and illegal mining of minerals - Investigation by CBI - Charge-sheet submitted before court - Petitions filed before Supreme Court regarding illegal mining still continuing - Supreme Court C constituting Central Empowered Committee (CEC) to report on the matter - Status
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