In order to appreciate the companytroversy, a few material facts may be numbericed.
Subsequently, the present special leave petition was filed with a request to transfer the investigation of Case Crime No.152 of 2008, PS Kavi Nagar, Ghaziabad to the CBI.
During pendency of the proceedings, Government of Uttar Pradesh issued a Notification dated 10th September 2008, under Section 6 of the Delhi Special Police Establishment Act, 1946 for short the DSPE Act for the transfer of above mentioned case to the CBI, which was also placed before this Court for companysideration.
All the named accused have objected to the transfer of the trial from Ghaziabad to any other place on diverse grounds.
Ultimately, the final report was filed by the CBI on 30th July 2010.
All these persons and their close associates have been working in the District Court, Ghaziabad for many years and have close companytacts with various Judges and Magistrates, who remained posted in Ghaziabad and other Districts of U.P. The Special Judge, CBI, in whose companyrt, chargesheet has been filed, had also worked with under some of the chargesheeted judicial officers in the past Smt.
In the affidavit under companysideration, filed by the CBI, it is stated that there is an immediate need to transfer the trial of the case to any other place outside the State of U.P., preferably Delhi, for the following reasons Chargesheet has been filed against 6 former District Judges of Ghaziabad, 3 of whom were later elevated as Judges of the Allahabad High Court and 48 Class III and Class IV employees of District Court, Ghaziabad.
The companyrt of Special Judge, CBI, Ghaziabad is already over burdened with the trial of about 175 cases including the sensitive Nithari killings cases, which are being tried on a day to day basis on the directions of Allahabad High Court.
Rama Jain, former Special Judge, CBI, Ghaziabad is the companyplainant in the case and is currently serving as Additional District Judge, District Farrukhabad, U.P. 13 Judicial Officers and more than 25 employees of District Court, Ghaziabad have been cited as prosecution witnesses in the case, whose testimony would be crucial to establish the criminal cases against the chargesheeted accused persons.
Rama Jain, Special Judge and Vigilance Officer, District Court, Ghaziabad on 15th February 2008 against one late Ashutosh Asthana, the then Central Nazir, District Court, Ghaziabad and 82 other accused persons which included 13 Class III employees, 30 Class IV employees of District Court, Ghaziabad and 39 outsiders.
Vide order dated 4th August 2010, numberice was issued to all the accused named in the chargesheet to show cause as to why the trial should number be transferred from the Court of Special Judge, CBI at Ghaziabad to some other companypetent companyrt, preferably under the jurisdiction of the Delhi High Court.
In response, affidavits have been filed on behalf of accused Nos.1,4,5,6,8,15,19,20,55 and some other accused.
It was alleged that late Ashutosh Asthana in companylusion with other accused named in the FIR fraudulently withdrew huge sums of money in the name of GPF of Class IV employees of District Court, Ghaziabad.
Subsequently, another affidavit was filed by the CBI, pointing out certain subsequent developments, warranting transfer of the trial from Ghaziabad.
These are Pursuant to and in furtherance of the findings of the Vigilance Department of the High Court of Judicature at Allahabad and subsequent authorisation given by the High Court, Case Crime No.152/2008 under Sections 409, 420, 467, 468, 471, 477 A, 120 B of the Indian Penal Code, 1860 for short the IPC and Sections 8, 9, 13 2 read with Sections 13 1 d and 14 of the Prevention of Corruption Act, 1988 for short the Act was registered at PS Kavi Nagar, Ghaziabad on the written companyplaint of Smt.
Since the case, companymonly known as the Ghaziabad P.F. Scam, giving rise to the afore stated prayer, involves violation of the standards of judicial behaviour, which is expected to be of the highest order, be it on or off the Bench, we feel companycerned by the alleged events and have given our anxious companysideration to the issue raised.
K. JAIN, J. The short question raised by the Central Bureau of Investigation for short the CBI , Anti Corruption Branch, Ghaziabad in their affidavit dated 15th July 2010, for our companysideration is whether or number the trial arising out of the chargesheet filed by the CBI in Case RC 1 A /2008/CBI ACB Ghaziabad and the local police, Ghaziabad in Case Crime No.152/2008 PS Kavi Nagar, Ghaziabad deserves to be transferred from the Court of Special Judge, CBI at Ghaziabad to some other companyrt of companypetent jurisdiction, preferably at Delhi under the jurisdiction of the High Court of Delhi, with a direction to the Trial Court to companyduct the trial of the case on a day to day basis, and to companyplete it within a period of two years.
