SUNIL BHARTI MITTAL Vs. CBI


The case was registered against unknown officers of the Department of Telecommunications (DOT) as well as unknown private persons and companies.A written petition was filed by an NGO known as Center for Public Interest Litigation (CPIL) before the High Court of Delhi seeking directions for a Court monitored investigation. At that time another petitioner Dr.Subramanian Swamy, directly approached the Supreme Court by way of a writ petition under Article 32 of the Constitution of India seeking almost the same reliefs on similar kinds of allegations. Leave was granted in the said SLP, converting it into a civil appeal. Said civil appeal and writ petition were taken up together for analogous hearing. Thereafter court write spectrum licences were illegally granted to the beneficiaries at the cost of the nation. The Court accordingly cancelled the licences granted to the private respondents on or after 10.01.2008 and issued certain directions for grant of fresh licences and allocation of spectrum in 2G Band.It is difficult to sustain the impugned order dated 19.03.2013 in its present form insofar as it relates to implicating the appellants and summoning them as accused persons. Since on presumption in law, the Special Magistrate has issued the summons to the appellants, it will always be open to the Special Magistrate to undertake the exercise of going through the material on record and on that basis, if he is satisfied that there is enough incriminating material on record to proceed against the appellants as well, he may pass appropriate orders in this behalf. Also, material is found, but during the trial, sufficient incriminating material against these appellants surfaces in the form of evidence.

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