Urmila Mishra V. Union Of India, Through The Ministry Of Law And Justice

CW/5129/2021

AI Insights

The petitioner, Urmila Mishra, filed a Public Interest Litigation (PIL) against the Union of India, specifically through the Ministry of Law and Justice, seeking the formation of a High Power Committee to investigate and monitor the actions of Mr. Bharat Bomb and his associates, who were accused of financial fraud. The petition argued for a comprehensive investigation and ongoing monitoring by various agencies including the CBI, ED, and others. However, the court dismissed the petition on the grounds that the matter was already under investigation by the CBI and the ED, and that Mr. Bharat Bomb was not included as a party respondent in the petition.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 816600 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 23-04-2021
• Assessment Year: misc
• Result in Favour of: Revenue
• Court: HIGH COURT
• Assessee Lawyers: SANJEEV SRIVASTAVA
• Keywords: Fraud; High Power Committee; Investigation; Mandamus; Monitoring; Public Interest Litigation; Recovery

Judgement Text

"(1 of 3) [CW-5129/2021] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition (PIL) No. 5129/2021 Urmila Mishra, D/o Gopal Mishra, Aged About 41 Years, Having Her Address At A 14, Adarsh Basti, Near Khandelwal Sweets, Tonk Phatak, Jaipur, Rajasthan - 302015 ----Petitioner Versus Union Of India, Through The Ministry Of Law And Justice, 4Th Floor, A-Wing, Shastri Bhawan, New Delhi-110 001 Through Its Secretary. ----Respondent For Petitioner(s) : Mr. Sanjeev Srivastava, through VC. For Respondent(s) : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE INDERJEET SINGH Order 23/04/2021 This writ petition has been filed by the petitioner with the following prayer:- “a. To issue a writ of mandamus or any other suitable writ, order or direction directing the Respondent to form a High Power Committee comprising senior officials and bureaucrats with the mandate to submit a report clearly setting out the offence and violations of various provisions of law committed by Bharat Bomb/his associates/firms/companies and other wrong doers in the matter alongwith recommendation of actions to be taken thereon by each of various agencies and regulators, including police, Enforcement Directorate, Reserve bank of India, Securities and Exchange Board of India, Central Bureau of Investigation, Ministry of Corporate Affairs, Income Tax authorities, Senior Frauds Investigation Office or any other agency or regulator; b. To issue a writ of mandamus or any other suitable writ, order or direction directing that after (2 of 3) [CW-5129/2021] the submission of the Report by the Committee pursuant to prayer a. above, the members of the committee or any other officials of Respondent No. 1 monitor and continue to monitor on a regular basis, the implementation of the recommendations of the Committee and that the entire process of investigation and recovery be directly monitored by the Central Government through its officials by taking regular action taken reports from each agency and regulator; c. To pass such further and other order as this Court may deem fit.” Learned counsel for the petitioner submits that the Central Government, through its bureaucrats monitors and ensures the implementation of the recommendations of the High Power Committee through respective investigating agencies such as the SFIO, Enforcement Director, local police, SEBI, Ministry of Corporate Affairs, RBI and any other agency that may use its powers to effectively bring swift justice to the affected parties. He further submits that Bharat Bomb is a Chartered Accountant by profession and has committed a massive fraud on Syndicate Bank and has diverted the funds to his own companies. Therefore, a prayer has been made to form a High Power Committee for monitoring the cases registered against one Mr. Bharat Bomb Chartered Accountant/and his associates/firms. This Public Interest Litigation filed by the petitioner deserves to be dismissed for the reasons; firstly, admittedly, as per the submissions made by the petitioner in the writ petition, the case against Mr. Bharat Bomb has been registered by Central Bureau of Investigation and properties of Mr. Bharat Bomb have also been attached by Enforcement Directorate; secondly, the petitioner has failed to implead Mr. Bharat Bomb as party respondent in the present writ petition; thirdly, we are not inclined to interfere in the (3 of 3) [CW-5129/2021] working of various agencies like CBI & Enforcement Directorate which have already taken cognizance of the matter. In that view of the matter, this writ petition stands dismissed. (INDERJEET SINGH),J (INDRAJIT MAHANTY),CJ MG/35 "