- (1.) Feeling aggrieved by the order dated 21st December, 2011 passed by the Special Judge, Central Bureau of Investigation, New Delhi taking cognizance against the petitioners, they have preferred these writ petitions challenging the said order dated 21st December, 2011, Administrative Order dated 15th March, 2011 passed by the Delhi High Court and Notification dated 28th March, 2011 passed by the Government of National Capital Territory of Delhi (for short 'NCT of Delhi') designating Mr. Om Prakash Saini as Special Judge to undertake the trial of cases in relation to all matters pertaining to 2G Spectrum case (commonly known as 2G Scam case) exclusively. One of the writ petitions has been filed by an individual and two other writ petitions have been preferred by two Companies who are all accused in 2G Scam case.
(2.) The factual matrix of the case is given in brief as under: Acting on various complaints pursuant to grant of UAS licences in 2008, the Central Vigilance Commission after conducting a preliminary inquiry entrusted investigation of the case to the CBI. After preliminary investigation, on 21.10.2009, the CBI lodged FIR RC No. DAI-2009-A-0045 against "unknown officers of the Department of Telecommunications and unknown private persons/companies and others" for causing wrongful loss to the Government by criminal misconduct and criminal conspiracy in distribution of UAS licences in January, 2008. Subsequently, a Public Interest Litigation was filed before the Delhi High Court, in Writ Petition (C) No.3522 of 2010, inter alia, alleging that the FIR filed by the CBI on 21.10.2009 was not being investigated and thereby praying that the CBI be directed to investigate the same. The said writ petition was dismissed by the Delhi High Court on 25.5.2010.
(3.) Against the order of dismissal, the petitioner of the said case, Centre for Public Interest Litigation (for short, 'CPIL'), filed SLP(C) No.24873 of 2010, wherein this Court by order dated 16th December, 2010 granted leave (C.A.No.10660 of 2010) and decided to monitor the investigation, [CENTRE FOR PUBLIC INTEREST LITIGATION AND ORS. v. UNION OF INDIA AND ORS., 2011 1 SCC 560].;