- (1.) Leave granted.
(2.) In Subrata Chattoraj v. Union of India and Ors., 2014 8 SCC 768 this Court directed transfer of cases registered in different police stations in the State of West Bengal against Saradha Group of Companies and all such cases registered against any other company to the Central Bureau of Investigation for a fair and credible investigation including investigation if necessary into the larger conspiracy angle and the money trail involved in the commission of the offences. By the same order we had allowed Writ Petition (C) No. 413 of 2013 and Writ Petition (C) No. 324 of 2014 and directed transfer of cases registered against 44 other chit fund companies for a similar investigation. The cases involving chit fund deposits across several States in the eastern part of the country involved several companies, and a scam that was estimated to be over 20,00,00,000/- (Rupees twenty thousand crores) at the relevant point of time. As many as 25 lakhs claims were said to have been lodged by the depositors before the Commissions of Inquiry set up by the States of Odisha and West Bengal which too was indicative of the magnitude of the scam. The scam had inter-state ramifications apart from international money laundering dimensions involving several persons in public life. It put a question mark on the role of regulators like the SEBI and the Reserve Bank of India. Investigation by CBI was in that backdrop held to be the only effective method of bringing the truth to light unearthing the ramifications and bringing to book all/ oil those involved in the scam.
(3.) The CBI has pursuant to the directions issued by this Court taken over the investigation of the cases in question and made significant headway towards completion of the same. While the investigation was still in progress Writ Petition No. 15 of 2013 was filed in public interest by the Respondents in which they prayed for transfer of a large number of other cases to the CBI on the analogy of the order passed by this Court in Subrata Chattoraj's case . The High Court of Guwahati has, by order dated 8th May, 2015, disposed of the said writ petition with a direction to the Central Government to issue a notification transferring all chit fund cases registered in the State of Assam to the Central Bureau of Investigation with a direction to the CBI to investigate the said cases. Further investigation in terms of Section 173(8) of the Code of Criminal Procedure where charge-sheets have already been filed have also been directed by the Court. The present appeal filed by the CBI assails the correctness of the said direction. The CBI has at the same time filed IA No. 16 of 2015 in Writ Petition (C) No. 401 of 2013 (Subrata Chattoraj v. Union of India and Ors.) in which it has prayed for modification of our order dated 9th May, 2014 to the following extent: i) That the CBI may be permitted to undertake the investigation for only 70 FIRs in relation to non-Saradha Group Companies. In all other cases pertaining to non-Saradha Group Companies in the State of West Bengal i.e., other than those 70 FIRs where CBI has registered 9 cases, these may kindly be directed to be continued/pursued in accordance with law by the local police of West Bengal. It may be directed by this Hon'ble Court that the CBI need not take up other cases in the State of West Bengal. ii) The local State Police of Orissa and West Bengal are continuing to receive complaints regarding Chit Fund frauds even after 9.5.2014, i.e. the date of the judgment of this Hon'ble Court. In all those cases, there is neither any direction nor is there any requirement for the CBI to take up investigation in all FIRs which are registered by the State Police authorities in the State of WB after 09.05.2014. Therefore, a clarification/direction deserves to be issued by the orders of this Hon'ble Court directing the State of West Bengal and State of Orissa to take all necessary steps, in accordance with law, pertaining to all those Chit Fund fraud FIRs which are registered in these states after 9.5.2014. iii) That similar direction would deserve to be issued with regard to Chit Fund cheating/fraud cases registered by the Police authorities in the State of Assam as well as in the State of Tripura after 9.5.2014 i.e. this Hon'ble Court directing the State of Assam and Tripura to take all necessary steps, in accordance with law, pertaining to all those Chit Fund fraud FIRs which are registered in these states after 9.5.2014. iv) Any other order or orders, which this Hon'ble Court may deem fit and proper in the light of the facts stated and submissions made hereinabove. It is prayed accordingly.;