Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 341 and 342 /PC against the petitioner-/ PS officer that he made false averments and filed false affidavit - Registration of/- CR on basis thereof- FIR also lodged by then AAG of the State of Gujarat uls. 66 of the Information Technology Act regarding hacking of his e-mail account and tampering of the same by the petitioner- Registration of II-CR on the basis thereof - Writ petitions by peti 195 1950 -Art. 32 - Entrustment of investigation to SIT - FIR by KD u/ss. 189 193 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Constitution of India, 1950 — Art. 32 — Entrustment of investigation to SIT - FIR by KD u/ss. 189, 193, 195, 347 and 342 IPC against the petitioner-IPS officer that he made false averments and filed false affidavit — Registration of I- CR on basis thereof — FIR also lodged by then AAG of the State of Gujarat u/s. 66 of the Information Technology Act regarding hacking of his e-mail account and tampering of the same by the petitioner— Registration of ll-CR on the basis thereof — Writ petitions by petitioner seeking transfer of investigation to CBI or SIT(Special Investigation Team) outside control of CM of Gujarat ~ Allegations by petitioner as fo involvement of the then Chief Minister of the State of Gujarat in riots of 2002; that he was present in the meeting convened by the Chief Minister on the night of 27.02.2002 _and the FIR was a counter blast to the action taken by the petitioner; and that a complaint filed by JJ in 2006, pertaining to 2002 riots was ordered fo be looked into by SIT by this Court — Held: Petitioner did not come to this Court with clean hands — He kept quite for a period of 9 years as to the factum of meeting dated 27.02.2002 — No case made out for investigation by SIT relating to preparation of affidavit or hacking of e-mail account and tampering with it - Allegation that the SIT had been leaking very sensitive and confidential details pertaining to the ongoing investigation to the then AAG of Gujarat, totally faise and baseless — Also no case is made out of criminal conspiracy — It does not appear that the e-mail exchange between the then AAG and other functionaries — tantamounts to causing prejudice or amounts to substantial. interference in any other manner in due course of justice — Further, not a case of scandalizing the court or in any manner affecting fair decision of the court or tending to bring the court into disrepute or disrespect which tantamount to criminal | contempt — Contempt of Courts Act, 1971 — s.2(c)(iii). |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2015 INSC 767 |
Petitioner | Sanjiv Rajendra Bhatt |
Respondent | Union Of India & Ors. |
SCR | [2015] 12 S.C.R. 498 |
Judgement Date | 2015-10-13 |
Case Number | 135 |
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