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IN HE SUPREME COURT OF INDIA
(CIVIL OIlIGINAL JIJRISDIC TION])
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Comnron Cause ... Petitioner
Versus
l, Kamal Kant Jaswal. S/o Late Shri Ambica Prasad Jasvaul, the President
aforement oned writ petition and being familiar wrth the facts and
2) That the pelitioner has filed the instant writ petition in public
lnvestigaticrn (CBl) since the same is illegal, arbitrary, mala fide. and in
possession of the counse for the petitioner after the instant petition was
filed rhe petitioner would rike to place it on recorci for the kind
raised in the instant writ p,etition, and further substantiates the grounds
of Respondent No. 2 to ther post of Special Director. cBl since his name
Companies on 28.06.2011 ln this regard, the CBI has already filed two
CA and other public servants and private persons As per the FIR dated
cludrng public servants and for fufther delivery to them at the ptace of
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co 4)
S,6x, venienc:e. The evidence collected by the lncome Tax Departmertt
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l".i-,t' wed corruption <tf variotrs public servants including three senior IRS
i
officials."
5) The counsel ,or the pretitioner has come to know that the son of
per the CBI FlRs tlre said company was engaged in delivery of large
operations.
Sterling Biotech indicate ilrat Respondent No. 2 had a close nexus with
Palace in Vaclodara.
titled Pady Held for the Marriage ceremony of Daughter of tps officer
it has come to liElltt that the adntinistrators of the Sterting group have
good rel,ations with an IPS officer who preujously served at Vaclodara
and presently serves at Delhi. lt has also come out that a strteciat party
was orgitnized f<>r special guests at the farm house of the Sterting
administrator of the Sterling group. came into good terms with this tpS
officer w,hen the IPS of icer joined the gymnasium of this director
regularly exercising in the ntorning. Other than this, along with this
The IPS officer served at ,Delhi yet the extravagant marriage ceremony
of his dattghter was organized in the Vadodara district. The party was
organized by the Sterling group adntinistrators for the stay and party of
as the Special Din=ctor o1' the CBI citing an "integrity clause' The
decrsion of the Conrmittee 1.o appoint the Respondent No. 2 as Special
his prornotion) works uncer the Director and the latter is in the best
position t, judge his suitability for promotion. Hence, the opinion of flre
Director, cBl, shor.rld have been given the highest regard and shourd
courts that "crrminal investigation agencies in lndia like the cBl and the
The lndian Express states: 'A senior professor of the school of oriental
) l/tgilqnce
-.,', c.ommissroner rn the present case. this vitat aspect has
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taken into account by the Hpc whib recommending the name of
Shrr P J Thomas for appoinlment as Central Vigitance Commissioner.
12) Given that the CBI will need to investigate the role of
Respondent No.2 in the s;aid "Diary 2Q1'1 ", his appointment to such a
to conduct a free, fair ernd fearless probe into his role. Thtts, his
institutional integrity.
13) ln the light of tlre above, the petitioner submits that the
illegal, mala fide and arbitrary appointment of Respondent No. 2 which
No. 2 out of the CBI during the pendency of the CBI investigation into
'..t ; -- initituttbneLl integrity as lairj down by this Hon'ble Court The aforesaid
attributes are slne qua non for an appotntment to a key position in an
statutory law is necessary for upholding the rule of larv and for
THE INDIAN JURIST | www.theindianjurist.com
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enforcernent of the rights of the citizens under Articles 14 and 21 of the
DEPONENT
Karnal Kant Jaswal
Presdent, COMMON CAUSE
5, lnstilutronalArea
VERIFICATION: Nelson Mandela Road.
Vasanl Kuni, New Delhl- 1 10070
l, the above named Deponr:nt, do hereby verify that the contents of the
above Affidilvit are true and correct to rny knowledge and belief; that no
part of it is false and that notning material has been concealed therefrom.
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1 Work Experience
.:|-:.i.., rssistantmanger
lrldra - Vadodtsr,
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Ankush Asthana
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[IessaSe More
Work Experience
assistant manger
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Location : lndra - Vadodara
th s period operated 2 kinds of ferrnenrors of 2kt :rnC t 60kl crpac trej respe.lrve y w;5 f!otv!r n .Lrpply
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Education
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Location tFlLAi,l . i.rCr.-.
Gradet 6.3-1
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Location: 9ILAN l,r d r
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Vadodara, Saturday
has come to lrght that the administrators of the sterling group have good
presently serves at Dellri. lt has also come out ttrat, a special party was
organized for special guest at the farm house of the Sterling group
the sterling group, came into good terms witir this lpS officer when the
the morrring. other than this. along with this gymnasium activity he also
undertook the work of li,asoning, while malntaining good terms with this
IPS officer.
The IPS officer served at Delhi yet the extravagant marriage ceremony of
his daughter was organized in the Vadodara district The party was
organizecl by the Sterling group administrators for the stay and party of
ft.eue aPV
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+NlEruRE_ ? A+
London professor writes brief to defend Vijay Mallya: Look at CBl,s
lack ol' integrity
Vrlay |,tlallya appeareC before the court for his pre-trial hearing on
Monda-v. His extraditictn hearing was confirmed for eight clays starting
December 4.
Meanwl'rile, Mallya appeared before the court for his pre-trial hearing on
Monday His extraditiorr hearing was confirmed for eight days starling
December 4. ln his "statement of impartiality", professor Lawrence saez,
who has identified himserf as "a leading expeft on the government and
politics of South Asia", has said: ,,Concerns about the lack of
independence by some criminar investigation agencies, rike the ED and
cBl als,c suggest an cverail rack of integrity in the way that criminar
investigations and prosecution are carried out in lndia.,,
Citing thr: case of Asthana, who is handling Mallya,s case in the CBl,
Saez has said "There were serious concerns raised by the Vigilance
commissron . surrounding the cBl's additional director Rakesh
Asthana's recent effort t() win promotion as special director of the cBl.
The CVC, lndia's leadinrS anti-corruption government agency, opposed
Mr Asthana's promotion on account of issues regarding the integrity
clause because his namr: appeared in a list of bribe takers of a companv
investigated by the cBlDespite seriousness of the allegations against
Mr Astharra, he was nonetheless promoted as the cBl,s special director.',
while saez has named the cVC it was actuaily cBr director Arok verma
who drssented over Asthana s promotion central Vigirance
Commissloner K V Chowdary had clarified that the process (for
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While Saez did not respond to phone calls or email, he has, in his
statement, said. "l confirm that this report rs addressed to the coud and
relevant authorities, having received instructions from Mr Anand Doobay
and on behalf of Boutique Law LLp in connection with the ongoing
extradition proceedings against Dr Mallya .
(rre"e c6ps)