(Jagdish Singh Khehar, C.J and D.Y. Chandrachud, J.)
Shafin Jahans _______________________________________ Petitioner
v.
Asokan K.M. & Ors. ______________________________ Respondent(s)
CRLMP No. 71492 of 2017 in SLP (Crl.) No. 5777 of 2017, decided on August 10, 2017
The Order of the court was delivered by
Order
1. When this matter came up for hearing on 04.08.2017, in our motion bench order, we required Mr. Maninder Singh, learned Additional Solicitor General to accept notice on behalf of respondent No. 6, namely, the National Investigation Agency (NIA). The purpose of requiring notice to be served on the first date itself on respondent No. 6 was for neutral and unbiased assistance.
2. In order to render assistance to this Court, the NIA – respondent No. 6 has moved an I.A. praying, that it may be permitted to proceed to conduct investigation under Section 6 of the National Investigation Agency Act, 2008, and place the outcome of the aforestated determination before this Court.
3. Mr. Haris Beeran, learned counsel appearing for the petitioner vehemently opposes the prayer made in the I.A. It is contended, that the petitioner may be permitted to file a response to the I.A. We have not the slightest hesitation in allowing the petitioner to file its response to the I.A. However, we may record, that the impression which is gathered in opposing the instant application is, that the petitioner does not desire the correct and independent view of the controversy to emerge before this Court.
4. We may also record that the instant I.A. was mentioned in the morning, wherein, Mr. Maninder Singh clarified, that the same was being filed, well before the next date of hearing, to obviate any grievance of delaying proceedings.
5. In the meantime, we direct, that the police investigation conducted in the State of Kerala, be shared by the concerned Investigation Agency with the NIA, so as to enable the NIA to be alive to the situation, so as to assist this Court on the next date of hearing. In view of the above, the State Investigating Agency in Kerala, is directed to render all assistance and cooperation to the NIA in the matter, along with all materials collected in connection therewith.
6. Let a copy of this order be sent to the Director General of Police, Police Headquarter, Trivandrum, Kerala, by the Registry of this Court forthwith.
Crl.MP No. 71492/2017 In Petition(s) for Special Leave to Appeal (Crl.) No(s). 5777/2017
Shafin Jahan _______________________________________ Petitioner
v.
Asokan K.M. & Ors _____________________________ Respondent(s)
(FOR ADMISSION and I.R. and IA No. 53766/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 53788/2017-INTERVENTION/IMPLEADMENT and IA No. 53764/2017-PERMISSION TO FILE SLP and IA No. 53789/2017-APPROPRIATE ORDERS/DIRECTIONS and IA No. 53767/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS and IA No. 71492/2017-APPROPRIATE ORDERS/DIRECTIONS)
Date : 10-08-2017 This petition was called on for hearing today.
(Before Jagdish Singh Khehar, C.J and D.Y. Chandrachud, J.)
For Petitioner(s) Mr. Haris Beeran, Adv.
Mr. Mohd. Nizam Pasha, Adv.
Mr. Usman Ghani Khan, Adv.
Mr. Mushtaq, Adv.
Ms. Pallavi Pratap, AOR
For Respondent(s) Mr. Maninder Singh, ASG
Mr. R. Balasubramanian, Adv.
Mr. Akshay Amritanshu, Adv.
Ms. Aarti Sharma, Adv.
Mr. B.V. Balram Das, Adv.
Mr. Prabhas Bajaj, Adv.
Mr. C.K. Sasi, Adv.
UPON hearing the counsel the Court made the following
Order
7. We direct, that the police investigation conducted in the State of Kerala, be shared by the concerned Investigation Agency with the NIA, so as to enable the NIA to be alive to the situation, so as to assist this Court on the next date of hearing. In view of the above, the State Investigating Agency in Kerala, is directed to render all assistance and cooperation to the NIA in the matter, along with all materials collected in connection therewith.
8. Let a copy of this order be sent to the Director General of Police, Police Headquarter, Trivandrum, Kerala, by the Registry of this Court forthwith.
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