- (1.) Having regard to the fact that we have reserved passing of final orders on the application made u/s. 340 of the Code of Criminal Procedure 1973 by the Union of India after the completion of the investigation by the central Bureau of investigation relating to the alleged receipt of a representation made by the detenu u/s. 8(4) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act addressed to the President of India at the resident's Secretariat on 15.4.86 and the entries made in the Dark Register maintained at the central Registry, we direct the Registrar (Judicial) of the Supreme court to keep the following records in safe custody in sealed envelopes till such time they are called for when the application u/s. 340 is taken up for final orders: (1) Original Affidavit of Pushpadevi M. Jatia in Writ Petition No. 363 of 1986 dated 26.9.86. (2) Affidavits of Ashok Jatia son of Ganesh Narain Jatia dated 18.7.86 and 26.9.86. (3) Original affidavits filed by Shri Ashok Jain son of late Shri B.R. Jain dated 29.8.86, 9.9.86 and 26.9.86. (4) Original Affidavit filed by Shri K.C. Singh, Deputy secretary to the President, President's Secretariat, Rashtrapati Bhavan, New Delhi dated 3.9.1986. (5) Counter affidavit of Shri S.K. Chowdhry son of Shri N.R. Chowdhry. Under secretary, Ministry of Finance, Department of Revenue, government of India (page 53, containing six pages). (6) Affidavit of Shri Mohanlal Jatia (page 56) dated 26.9.86. (7) Letter no. 3080-pi(4)/86 dated 4.08.1986 by Shri D.B. Bhatia, Under secretary, President's Secretariat, Rashtrapati Bhavan (page no. 57). (8) Copy of the alleged representation of Mohanlal Jatia dated 11.04.1986 addressed to His Excellency Shri Giani Zail Singh, President of India, Rashtrapati Bhavan, New Delhi (filed as Exhibit E). (9) Original Affidavit of Shri M.L. Wadhawan, Additional secretary to the government of India, Ministry of Finance, Department of Revenue, New Delhi dated 25.04.1986. (10)12 Xerox copies of the relevant page in the Dark Register wherein the entry relating to the alleged receipt of the Representation said to have been made by the detenu has been entered under date 15.4.86. (11)Letter no. f.17/cr/86 dated 25.08.1986 from Shri K.C. Singh, Deputy secretary to the President, President's Secretariat, Rashtrapati Bhavan, New Delhi to Shri R.C. Gandhi, Assistant Registrar, Supreme court of India along with enclosure reproducing the rubber stamps of the central Registry and the President's Secretariat.
(2.) The Original Dark Register which is sent in a sealed envelope may be returned after Xerox copies of the relevant page are taken to the Attorney General through Mr. Subba Rao appearing for the Union of India under proper acknowledgement.
(3.) We direct the Director of the central Bureau of Investigation to take up the investigation into the matter. If during the course of such investigation, the C.B.I. requires inspection of the records of the Supreme court, the Registrar (Judicial) shall permit such inspection as and when required.;