- (1.) The nature of this proceeding is similar to that of Vineet Narain v. Union of India. It was made clear at the outset and reiterated from time to time in this proceeding to the Revenue secretary, Director of CBI and the other government officials that the orders made in WPs (Crl. ) Nos. 340-343 of 1993 regarding the mode of functioning of all the officials equally apply in the present case also. This is how, we have been assured by the learned Attorney General, is the mode of functioning of all the officials in the present case also. It is needless to say that this manner of functioning by them has to continue.
(2.) For ready reference, an extract from one such order of particular significance is quoted herein for emphasis. The order is dated 30-1-1996, reported in 1996 2 SCC 1991, wherein it was said: "3.The facts and circumstances of the present case do indicate that it is of utmost public importance that this matter is examined thoroughly by this court to ensure that all government agencies, entrusted with the duty to discharge their functions and obligations in accordance with law, do so, bearing in mind constantly the concept of equality enshrined in the Constitution and the basic tenet of rule of law: 'be you ever so high, the law is above you. ' Investigation into every accusation made against each and every person on a reasonable basis, irrespective of the position and status of that person, must be conducted and completed 356 expeditiously. This is imperative to retain public confidence in the impartial working of the government agencies. 4. In this proceeding we are not concerned with the merits of the accusations or the individuals alleged to be involved, but only with the performance of the legal duty by the government agencies to fairly, properly and fully investigation into every such accusation against every person, and to take the logical final action in accordance with law. 5. In case of persons against whom a prima facie case is made out and a charge-sheet is filed in the competent court, it is that court which will then deal with that case on merits, in accordance with law. "
(3.) In accordance with the directions so given, it has been reported to us that charge-sheets have been filed by the CBI in two cases and the Delhi Police in one case which they were investigating. These cases are: (1 St. Kitts' Forgery case. (charge-sheet filed by CBI) (2 Lakhubhai Pathak Cheating case. (charge-sheet filed by CBI) (3 Rajendra Jain case. (charge-sheet filed by Delhi Police. );