@ IN THE HIGH COURT OF DELHI AT NEW DELHI e EXTRA ORDINARY JURISDICTION PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO. 54362016 IN THE MATTER O} | 1 Suren Uppal .Petitioner Versus Union of India and Ors. ... Respondents. INDEX S.No Particulars Page no. Or. Urgent application A 2, Memo of Parties - B= esd 3. | Notice of Motion E-& | a List of Dates and Synopsis T H-6 1S |Petition/PIL Under Article 226/227 oF the | ee Constitution of India along-with affidavit in eo: | support. [6 | Annexure P-1(Colly) A Copy of the Caution/ Legal Notice Dated 02.03.2016 sent to the top management of - | 24- SF ESSAR along-with the screenshot of the mail | reflecting the service to Mr. Al Basit Khan. | {7 Annexure P-. - A Copy of the Caution/ Legal Notice Dated 10.03.2016 sent to the Top Management of RIL| 62 ~F@ | & ADA Group along with the screenshot of the | mail reflecting the service to Mr. Al Basit Khan. 8. Annexure P-3 (Colly) A Copy of the Reply dated 17.03.2016 received by the Petitioner from the advocate, on behalf of ESSAR Group and reply to the same sent by the 9u-Ft Petitioner Dt. 17.03.2016 along with the | Screenshot of the mail reflecting the service to Mr. Al Basit Khan..@[s Annexure P-4 (Colly) A Copy of the Legal Notices dated 18.03.2016 - sent to ESSAR GROUP, RIL & ADA Group and the Qg- {o8 key officials along with the screenshot of the mail reflecting the service to Mr. Al Basit Khan... 10.) Annexure P-5 T A Copy of Email dated 21.04.2016 sent by the Petitioner, ii, Annexure P-i . etierinetine arian, N10 (8B 12 Application, seeking interim- relief along with affidavit, |! 4 "7 143 13. Application U/s 151 C.P.c, Seeking exemption | from filing certified copies of Annexures, along- juu- [Wb with affidavit, r Through NEW DELHI Suren Uppal @ Dated: 06.2016 Le (Petitioner in person), e@ R/O. D184, Sector -49 Noida, NCR Mob No. 9868600900 Email:surenuppal@Ymail.comA @ IN THE HIGH COURT OF DELHI AT NEW DELHI EXTRA ORDINARY JURISDICTION Hl PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO. 12016 IN THE MATTER OF: - Suren Uppal .Petitioner Versus Union of India and Ors, sree RESPONGENts. URGENT APPLICATION To, The Deputy Registrar, @ High Court of Delhi, New Delhi. es Kindly treat the accompanying Petition as an urgent one as per High Court * Rules. The grounds of urgency are:- “Lots of incriminating data & evidence of the case are lying with the Petitioner and the Inquiry and investigation in of the matter should be @ absolutely under the supervision of this Hon’ble Court from very inception Our Proceedings initiated in pursuance to Complaint dated 01.06.2016 filed before Prime Minster Office, New Delhi has been prayed for” a Through- NEW DELHI cs UA Suren Uppal Dated: .06.2016 (Petitioner in person) R/O. D-184, Sector -49 Noida, NCR Mob No. 9868600900 Email:surenuppal@Ymail.comeo IN THE HIGH COURT OF DELHI AT NEW DELHI e EXTRA ORDINARY JURISDICTION PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO. /2016 IN THE MATTER OF: - Suren Uppal vse Petitioner Versus Union of India and Ors. on Respondents. MEMEO OF PARTIES Suren Uppal S/o. IR. Uppal . R/o. D-148, Sector-49 NOIDA, U.P.-201301 Petitioner 1. Union of India Through its Chief Secretary, Secretariat, New Delhi. % Central Beuero of Investigation. Plot No-5-B, 6" Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg New Delhj-110003 3. Mr. Al Basit Khan R/o 8, Motta Mahal, B Petit Street, Warden Road, Mumbai 400026@ Mr. Shashikant Ruia a: House, 11-K.K. Marg Mahalaxmi Mumbai- 400034 5. Mr. Prashant Ruia Essar House, 11-K.K, Marg Mahalaxmi Mumbai- 400034 6. Mr. Ravikant Ruia Essar House, 11-K.K. Marg @ Mahalaxmi Mumbai- 400034 Mr. Anshuman Ruia Essar House, 11-K.K. Marg Mahalaxmi Mumbai- 400034 8. Mr. Mukesh D, Ambani Reliance Industries Ltd. 3” Floor, 222 Makers Chambers-Iv Mumbai, Maharastra- 400021 8. Mr. Manoj Modi Rellance Industries Ltd. 3" Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 9. Mr. Anand Jain Reliance Industries Ltd. 3" Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 10. Mr. Hital Meswani@_ Reliance Industries Ltd. @ Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 11. Mr. Nikhil Meswani Reliance Industries Ltd. 3" Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 12. Mr. Anil 0. Ambani Reliance Center 19, Walchand Hirachand marg, Ballard Estate, Mumbai, @ Maharashtra- 400001 @: Mr. Satish seth Reliance Center 19, Walchand Hirachand marg, Ballard Estate, Mumbai, Maharashtra- 400001 sorte RESPONGENES, Through- NEW DELHI ZY 4 Suren Uppal A “ Dated: .06.2016 7 ~ (Petitioner in person), ae R/o. D-184, Sector -49 Noida, NCR Mob No. 9868600900 Email:surenuppal@ymail.comG @ IN THE HIGH COURT OF DELHI AT NEW DELHI e EXTRA ORDINARY JURISDICTION PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO /2016 e INTHE MATTER OF: - Suren Uppal -Petitioner Versus Union of India and Ors. sone RESPONGEnts. NOTICE OF MOTION Union of India Through its Chief Secretary, Secretariat, New Delhi, e ®@ 2. Central Beuero of Investigation. Plot No-5-B, 6" Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg @ @ New Delhi-110003 3. Mr. Al Basit Khan R/o 8, Motta Mahal, B Petit Street, Warden Road, Mumbai 400026 4, Mr. Shashikant Ruia Essar House, 11-K.K. Marg Mahalaxmi Mumbai- 40003410. Mr, Prashant Ruia Essar House, 11-K.K. Marg Mahalaxmi Mumbai- 400034 Mr. Ravikant Ruia Essar House, 11-K.K. Marg Mahalaxmi Mumbai- 400034 Mr. Anshuman Ruia Essar House, 11-K.K. Marg Mahalaxmi Mumbai- 400034 Mr, Mukesh D. Ambani Reliance Industries Ltd. 3° Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 Mr. Manoj Modi Reliance. Industries Ltd. 3" Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 Mr. Anand Jain Reliance Industries Ltd. 3° Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 Mr. Hital Meswani ? Reliance Industries Ltd. 3" Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021@ tt. Mr. Nikhit Meswani Reliance Industries Ltd. 3° Floor, 222 Makers Chambers-IV Mumbai, Maharastra- 400021 12.) Mr. Anil D. Ambani Reliance Center 19, Walchand Hirachand marg, Ballard Estate, Mumbai, Maharashtra- 400001 13. Mr. Satish seth Reliance Center ..Respondents ® 19, Walchand Hirachand marg, Ballard Estate, Mumbai, e Maharashtra- 400001 Sir, The enclosed petition in the aforesaid matter is being filed on behalf of the Petitioner and is likely to be listed on . AH... 06.2016 or any date, thereafter. Please take notice accordingly. ®& Through- NEW DELHI Dated: 06.2016 furen Uppal (Petitioner in person), R/o. D-184, Sector -49 Noida, NCR Mob No. 9868600900 Email:surenuppal@ymail.comSYNOPSIS & LIST OF DATES That the instant Writ Petition is being preferred by the Petitioner as a Public Interest litigation, under Article 226/227 of the Constitution of India, having regard to the fact that fundamental rights of the innumerable citizens of India i.e. Right to cai business and profession, right to Privacy as enshrined under Articles 19 (1)(A) & 21 of the Constitution of India, are adversely affected/Violated by Firstly, illegal and unlawful acts of tapping for an approximate period of 2001 to 2006, of some of the Prominent citizens of our country, thereby resulting in the interception and recording of numerous other phone calls including that of the Ministers in the then Government, higher government Officials and top Corporate houses for deriving undue advantages thereof, Secondly, commission of most glaring and shocking acts of corruption perpetrated in our times and Thirdly, the alleged unholy nexus between the functionaries in the Constitutional institutions of our nation with few of the top unscrupylous personalities in our country. The Petitioner herein is constrained to file the Present Petition in view of the peculiar subject matter/issues involved in the Present Petition/PIL. The case raises serious concem that directly and indirectly affects the right to Freedom of Speech and Expression and Right to Privacy as articulated under Article 19 and 21 of the Constitution of India. However, it is significant to mention herein that one of the top corporate including its directors/functionaries | have not only acted in such manner, which is violative of theLime fundamental rights but have also attempted to defeat the very essence of Competitive business pursuit by trying to take undue advantage by resorting to illegal interception, tapping and recording of the calls of the competitor companies, higher Govt. Officials, machineries and Politicians, which are highly detrimental to the Rule of Law and Administration of Justice 'in our country. Apart from the above-mentioned violations and illegalities perpetrated by the concerned corporate, there is enough cause of action that is embedded in the recorded conversations, which is the direct consequence of illegal tapping interception and recording. Significantly the recorded conversations are much more incriminating .and- if found genuine, would exhibit the unscrupulous/evil nexus between Politicians, Higher Government Officials and India’s Top Corporate Houses. That Petitioner herein as a responsible citizen and as an advocate keenly interested in ensuring that the Constitutional values are upheld and adhered to by the Central Government, State Government, its functionaries and that the life and liberty of the citizens are secured in such manner that their dignity and privacy 's not compromised other than by the procedure established by the Law, as provided under Article 21 of the Constitution of India. The Petitioner humbly submits that the Power vested or conferred on a Telecom Company through a Telecom license in pursuance to the contract entered into between the Central Government and the Telecom Company cannot in any manner be misused toadversely affect and compromise the fundamental Rights as enshrined under the Constitution of India. As a matter of fact, it is submitted that one Mr. Albasit Khan, who happens to be the resident of Mumbai, had approached the Petitioner through the reference of one of his eet Clients. Mr. Khan in his very first meeting with the Petitioner, held in Delhi on 6 January 2016 brought to latter's notice, cettain illegal and wrongful acts of Phone tapping, interception and recording that was committed during the period of 2001 ‘to 2006 by the Top Management of one of the top Corporate houses, which being an employee of the same corporate and being in the helm of affairs of the Company, Mr. Khan could substantiate and vouch for. It is relevant to mention herein that Mr. Khan with his human approach convinced the Petitioner for taking up the cause of phone tapping, interception and recording in the National and Public Interest. It is further significant to mention herein that, Petitioner became abundantly cautious in view of the gravity of the whole case and thus realized the need to examine the authenticity of the otherwise prima facie facts and circumstances. The caution from Petitioner's end. was further necessitated, because, any irresponsible disclosure of this information may have caused damage to the goodwill and reputation of a lot of persons that could be alleged being heard in the conversations and further undermining the Government Efficacy, Institutional Propriety and Judicial Independence in our nation. Hence, in exercise of abundant caution, Petitioner served a Caution Notice dated 2" March 2016, to the Promoters and Directors of M/s ESSAR Group,fe whereby requested the recipients to bring to the notice of the Petitioner, any legal sanctions that may have led the said company to undertake the acts of phone Interception, Tapping and Recording. It is further submitted that after realizing and substantiating the contents of tapping and recording the incriminating evidence as against the key officials of Reliance Industries Ltd, (RIL" in short), the Petitioner was constrained to send a similar Caution Notice dated 10.03.2016 to the Respondent No 8 to 11.8. Chairman and Directors of RIL and 12 to 13 from the Anil Dhirubhai Ambani Group, thereby requesting them to help the Petitioner ascertain the veracity and authenticity of the conversations purportedly made by them, which seemed to reflect the involvement of these corporate heads in certain glaring violations and collusive acts during the period of 2001 to 2005. It is submitted that Legal Caution Notices were prepared by the help of log-books and hand-written notebooks which contain the details of the conversations and also after having] listened to the conversations which were provided to the Petitioner by Mr. Albasit khan and the very objective of mentioning the context of this was to reflect on the gravity of the whole issue so that the same could be controverted in time by either of the Companies and also brought to the Notice of the Hon‘ble Prime Minister of India, again with the view to highlight the gravity of this matter and to convince the need for the high level Inquiry to be undertaken by. the government without any delay. It is furthermore significant to mention herein that, for theeS L Purposes of maintaining the transparency and clarity in terms of his stand as a lawyer with respect to perusal ofthe case as the Complainant, the Petitioner has served on all the three companies the notices so that there is clarity, transparency and honesty maintained in the process of sharing of information from the end of the Petitioner. In the meanwhile the Petitioner had been approached by certain media persons and had himself consulted certain senior officials and serving ministers of the day, to seek . their advice in terms of adopting the future course ofe action because he did not wish to jump the gun or to end up highlighting this case without due diligence and being apathetic of the consequences it may have on the Politico-economic milieu, apart from the goodwill and reputation of the persons allegedly involved in the conversations. It is further submitted that I would like to mention herein that while bringing the developments and conversations to the knowledge of the officials, Media and few Ministers of the Government of the day, the Petitioner never felt the hesitation or reluctance on the part of the government in taking up the matter for investigation or to even initiate inquiry or prosecution as against the unlawful, illegal acts perpetrated by the ESSAR group of Company, which is against the national safety and security. It is further significant to mention herein that, during this period at one stage, the Petitioner realized that the Respondent No 3, who otherwise seemed very keen, upright and committed to the cause suddenly turned illusive and started behaving irresponsive by either not receiving Petitioner's calls or by not making himself availablefor any further action to be undertaken like Providing the Petitioner Srerein with any further CD's so that the same could be analyzed and transcripts made thereupon. Furthermore, on 21 April 2016, the Respondent No 3 seemed to have turned hostile. Thereafter, it was not possible for the Petitioner to mention with authority the whereabouts, the real intentions, credibility and ulterior motives of Respondent No 3, however at that stage, I had no options but to believe that Respondent No 3 did not have the same conviction as that of the Petitioner for taking up this matter and may in fact have only aspired to trade the case/information with any of the recipients and thus benefit illegally and unlawfully from this whole episode at the cost of Public interest and law of the land. Therefore, being a responsible citizen and an advocate, the Petitioner firmly decided to take-up this matter to the best of his abilities considering the safety and security of the nation and in the interest of public at Large in our country. It is Submitted that after due preparation petitioner files a Complaint before the Hon'ble e Prime Minister of India It is submitted that the Petitioner also mentioned in the Complaint filed to PMO that the evidence will be kept safely and that the CDs and conversation will not be given to anyone who may use the same for any anti-national and any anti-establishment propeses or to those who may like to exploit it for their personal benefits or for damaging the interest of our nation. It is pertinent to mention herein that after the submission of the Complaint dated 01.06.2016 & 09.06.2016 before the Hon’ble Prime Minister of India, which also contained the Copies of theCaution Notices got leaked in the media. Thereafter, the media houses have been continuously contacting the Petitioner to confirm the veracity of the said complaint. Petitioner through these media interactions has reiterated the need for the high-level fair and transparent inquiry to be undertaken in the whole matter. It is furthermore relevant that the Petitioner has tried to the best of his abilities to contain the voice conversations which are alleged to have been recorded with the interceptions and tapping of the Phone calls as evident from the documents and as allegedly informed by Mr. Albasit Khan. It is relevant that, in view of the highly sensitive contents of the conversations and the need of Propriety, integrity and image of the institutions of our democracy and our country/nation, it was deemed necessary by the Petitioner to bring the aspects of this whole matter to the knowledge of this Hon‘ble Court. It is very significant that since the leak of the information and the Complaint from the Hon'ble Prime Minister's Office, the Petitioner has suddenly come in the middle of the lime-light in this whole episode. It is further significant to mention that the Petitioner has un-intentionally come to the limelight in this Particular case and now it has become very difficult for the Petitioner to wait any further for the government to take necessary action on the basis of the Complaint. Tt is respectfully submitted that 1 am in possession of approximately 20 crucial CD’s that contain very vitdi conversations and also incriminating hand-written log-books and other relevant documents that substantiate the unlawful and illegal happenings@ which allegedly related to the illegal and unlawful tapping, interception and recording of the phone calls of Politicians, higher Government officials and Top corporate houses. ad That even after 20 days from the submission of the Complaint Dated 01 June 2016, in the offices of the Hon’ble Prime Minister of India and its alleged reference to the Ministry of Home Affairs, Petitioner has not received any acknowledged from any of the government agencies till the time of filing of this Petition. Furthermore. Petitioner has also sent an Email bated 21 June 2016 to the Secretary, Ministry of Home Affairs, requesting therein for submission of the incriminating data, documents and recorded e audio conversations to the designated investipgting agency, however the Petitioner/Applicant once again has not been acknowledged the receipt of this E-mail. It is submitted that the Petitioner is before this Hon'ble Court to allow the submission of the incriminating data, documents and recorded CD's containing the incriminating conversations in sealed covers by the Applicant herein, in this Hon'ble Court for maintaining the sanctity and safe custody of the same. It is submitted that in the larger interest of establishing the intent, Motives and chain/linkages in the commission of crime in the present case, the presence and availability of Respondent No 3 has to be secured or else, the prosecution is likely to fail in establishing | the requisite linkages in the commission of illegalities. Though, the Petitioner has withstood and sustained all throughout this last few Months of pressure, insinuations and stress however, after the revelations of the last few days, the Petitioner has come under@ tremendous stress especially because of the friends and near & e dear ones, who have exhibited there concern for Petitioner's life and liberty. It is because after the highlighting of this Case, family, friends and others, have exhibited and impressed on the Petitioner, their concern of Petitioner's life, liberty and security. It has become extremely difficult to withhold the Pressure and stress especially in the view of the fact that these investigations, as and when carried- out may also require the evidence to be tendered by the Petitioner during the investigations which may have names of highly placed leaders of our country, top most bureaucrats, against whdm the © Petitioner seems a very common individual/person. e It is significant to mention herein that the Petitioner herein has decided to take up this matter as a responsible citizen of the ‘country and himself being the Practicing lawyer in the Sovereign Courts of India. It is further significant to mention herein that with a view to ensure an fair, transparent and impartial outcome of the Present case, the Petitioner has moved this Hon'ble Court in view & of the said peculiar facts, circumstances seeking the kind indulgence of this Hon’ble Court in the interest of publi¢ at large and in the interest of justice. Hence, the Present Writ Petition/Public Interest Litigation@ e 02.03.2016 10.03.2016 17.03.2016 @ 93.2016 e 21.04.2016 01.06.2016 LIST OF DATES Petitioner sent the Caution/ Legal Notice Dated 02.03.2016 to the top management of ESSAR i.e. Respondent No-4 to 7. Petitioner sentthe Caution/ Legal Notice Dated 10.03.2016 sent to the Top Managément of RIL & ADA groupi.e. Respondent No-8 to 13, Petitioner received a reply of the Caution Notice date 02.03.2016 from the advocate, on behalf of ESSAR Group and reply to the same sent by the Petitioner Dt, 17.03.2016. | Petitioner sentLegal Notices dated 18.03.2016 sent to ESSAR GROUP, RIL & ADA Group and the key Officigisi.e Respondent No-4 to 13. Petitioner sent anE-mail to Respondent No-4 to Respondent No-13agaisnt Respondent No-3, Petitioner filed. a Complaint before the Haon’ble Prime- Minister of India. 4 Qyps.2016 Petitioner filed second complaint before the Prime-Minster eth Office of India.e IN THE HIGH COURT OF DELHI AT NEW DELHI ~~ EXTRA ORDINARY JURISDICTION PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO. /2016 INTHE MATTER OF: - Suren Uppal snore POtitioner Versus Union of Indiaand Amr, Respondents. A Writ IN/PUBLI Ne E T TIT! IN OF A, I ONITI YY LINVEST) B RA NT. T 1 F TH ff ME _MINISTI INDIA, Fi Pl FE ATI QF JUSTICE & TO FURTHER SECURE THE PRESENCE AND L T T WITNESS IN THE CASE To, 2 THE HON’BLE CHIEF JUSTICE OF DELHI HIGH COURT AND HIS COMPANION JUSTICES OF DELHI HIGH COURT THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED MOST RESPECTFULLY SHOWTH:- 1. That the Petitioner is a practicing advocate and has no personal interest in the litigation. It is further submitted that the Petittoner is Not guided by self gain or for gain of any other persosn/ institution / body and that there is no motive other than of public interest in filing the present Writ Petition/PILe That the instant Public Interest litigation is being preferred under Article 226 of the Constitution of India, having regard to the fact that fundamental rights of the innumerable citizens of India i.e. Right to practise business and profession, right to Privacy as enshrined under Articles 19 (1)(A) & 21 of the Constitution of India, are adversely affected/Violated by Firstly, illegal and unlawful acts of tapping for an approximate period of 2001 to 2006, of some of the pramipeny citizens of our country, thereby resulting in the interception and recording of numerous other phone calls including that of the Ministers in the then Government, higher government officials and top Corporate houses for deriving undue advantages thereof, Secondly, commission of most glaring and shocking acts of corruption perpetrated in our times and Thirdly, the alleged unholy nexus between the functionaries in the Constitutional institutions of our nation with few of the top unscrupulous personalities in our country. 3. That Petitioner herein is a citizen of India and is keenly interested in ensuring that the constitutional values are upheld and adhered to by e@ the Central Government, State Government, its functionaries and that the life and liberty of the citizens are secured in such manner that their dignity and privacy is not compromised other than by the procedure established by the Law, as provided under Article 21 of the Constitution of India. 4, That the Petitioner herein is a practicing advocate end) in his professional capacity has always tried to stand fot noble & good cause with public spirited motive and thus appeared across the various high courts and before the Hon‘ble'Supreme court of India.e The Petitioner is a Practicing advocate and the petitioner has means to pay the costs, if any, imposed by the court and on an undertaking to the court in that respect. 6. The Petitioner humbly submits that the power vested or conferred on @ Telecom Company through a Telecom license in pursuance to the contract entered into between the Central Government and the Telecom Company cannot in any manner be misused to adversely affect and compromise the fundamental Rights as enshrined, under the Constitution of India. The Petitioner hereiri is constrained to file the present Petition in view of the peculiar subject matter/issues involved in the Present Petition/PIL. The case raises serious concern that directly and indirectly affects the right to Freedom of Speech e and Expression and Right to Privacy as articulated under Article 19 and 21 of the Constitution of India. However, it is significant to mention herein that one of the top corporate including its directors/functionaries have not only acted in such manner, which is violative of the fundamental rights but have also attempted to defeat the very essence of Competitive business pursuit by trying to take e undue advantage by resorting to illegal interception, tapping and recording of the calls of the competitor companies, higher Govt. Officials, machineries and Politicians, which are highly detrimental to the Rule of Law and Administration of Justice in our country" Apart from the above-mentioned violations and illegalities perpetrated by the concerned corporate, there is enough cause of action that is embedded in the recorded conversations, which isthe direct consequence of illegal tapping interception and recording. Significantly the recorded conversations are much more incriminating and if found genuine, would exhibit the unscrupulous/evil nexusCy ob between Politicians, Higher Government Officials and India’s Top Corporate Houses. 7. Before adverting to summarise the brief facts of the case, it is significant to mention herein the facts and circumstances that have constrained the Petitioner herein to file the present Public ine litigation before this Hon‘ble Court and the same are elaborated herein-under for your kind consideration:- a. As a matter of fact, it is submitted that one Mr. Albasit Khan, who happens to be the resident of Mumbai, had approached the Petitioner through the reference of one of his past Clients. Mr. Khan 4 in his very first meeting with the Petitioner, held in Delhi on 6 Janyary 2016 brought to latter’s notice, certain illegal and wrongful @ acts committed by the Top Management of one of th top corporate houses, which being an employee of the same corporate and being in the helm of. affairs of the Company, Mr. Khan could substantiate and vouch for. It is relevant to mention herein that Mr. Khan with his human approach convinced the Petitioner for taking up the cause of phone tapping, interception and recording in the National and Public Interest. b. It is further submitted that, it would not be wrong to admit that initially the Petitioner had lots of doubts regarding the facts & circumstances that were raised by Mr. Khan, however, the clarity displayed by Mr. Khan along-with his lucid description of the minutest details that were technical and logistical in nature, the Petitioner developed his conviction to unearth this case in totality and to pursue the same with his sincerest efforts in the interest of public at large and the Nation.z . It was on 2 February onwards till 04 Feb 2016, that the Petitioner @ specially went to Mumbai and spent hours listening to certain Intercepted, Tapped and Recorded conversations. Significantly, on listening of these conversations, the Petitioner, realized the issues and gravity of the case and decided that while taking up the cause, he ought to ensure that it does not lead to any menial politics, cheap publicity and most importantly any undue or unfair advantage or undeserved disadvantage caused to any concerned, The Petitioner herein, could appreciate that the need was to take up this matter professionally without compromising his professional ethics, integrity and honesty in any manner, whatsoever. e. It is significant to mention herein that firstly, Mr. Albasit Khan had briefed the Petitioner about himself and his profile & Job Requirements, which are mentioned hereunder:- ' 1. Auditing & Screening of human resource in the Company by conducting surveillance by using the een and IT sy infrastructure of the Company, by interception, tapping & recording, without knowing the target individuals or the contents of the recorded information. 2. Using the aforementioned means of surveillance to screen the, working and communication of key officials jn the company, who were dealing in sensitive projects. Once again the information regarding the target key officials was only known to the top management of the concerned Company, 3. Mr. Khan had further informed that one Mr. ShishirAgrawal, who was then the Senior Official im the | / organisation would facilitate the aforementioned operations by providing the logistical support. 4, That, Mr. Khan had further informed that the company is required under its statutory obligations to support the government investigations by intercepting & tapping such phones that are under government surveillance and thus assigned the responsibility of recording and providing the . recorded communications to the management of the company, again without knowing the target individuals or the contents of the recorded information. 5. That the operations were held under strictest confidentiality & secrecy in the exclusive space at the ground floor and basement at ESSAR House 11 K.K. Marg, Maha Laxhmi Mumbai, 400034, for conducting these sensitive operations. In furtherance to the aforementioned background, Mr. Khan commenced his operations on contractual basis in the month of August 2001 and latter started directly, briefing to the management of the Company The team constituted under Mr. Albasit Khan was directly compensated by the Company through Mr. Shishir Agrawal and comprised of Ravindra Shah, Dhawal Jariwala, Sujeet Taskar, Sandeep Taskar, zie Khan. It is Pertinent that few of these individuals have continued as employees in the same Company even after the cessation of Mr. Khan’s services in the said Company. It was further briefed to the Petitioner berein that for phone interception, tapping & recording by the said corporate:-@ a. The Company gave dozens of Cell-phongs, Dictaphones, uy, e Samsung Voice Recorders, Voice cassettes, cassette recorders, connecting cords, tape-recording equipment, computers, CD Writing equipment and requisite money to meet the misc. expenses in the operations. After, enabling the operations with the requisite infrastructure, the Company gave the SIM Cards, each carrying 3 to 4 Activated numbers over the same, which were to be intertepted, tapped and recorded. b. It is further submitted that the operations were carried out in ® Delhi and Mumbai simultaneously. e g. That so far as the technical aspects of the operations are considered, the method used for tapping was Triangular Interception. The Intercepting SIMs were Pre-Paid Cards bearing Numbers and were recharged on regular] basis by the Company. It is stated that special cards or the interceptor mobile SIM Cards, used to get created in BPL through which the @e targeted cell phones (allegedly instructed for the Government Surveillance) could be intercepted. h. It was also briefed by Mr. Khan that, All the recorded Data, which got created after the tapping, was personally transferred by Mr. Khan, in the Audio Tapes to the top management of the Company. It was further informed that information after the handing-over of these Audio Tapes, could also be screened through a committee “that was especially constituted to screen the recorded tapes and to maintain the confidentiality and genuineness of the information, the said@ Committee was constituted by the top management officials of the same Company. As a matter of record, initially the Company had showed its association with MR. Khan as contractual in nature, with the contract period of 1 year and the same was renewed on annual basis and the same actually lasted for a period from*August 2001 till 01 September 2006. Thereinafter, Mr. Khan was taken on payrolls and designated as “Head of Security" in the same Company. It was also briefed by Mr. Khan that on 01 September 2006, when he took-over the charge of Head of Security, the top management of the Company, handed-over lots of cassettes running into few hundred in number to Mr; Khan for safe- keeping. 7. Thereinafter, from 20 February 2016, onwards Petitioner along-with two of his very confidante colleagues namely Mr. Amit Kumar Singh and Mr. Swatantra Rai, both advocates started working along-with Mr. Albasit Khan in the Noida based office at A-26, Lower Ground Floor, Sector 49, Noida, Uttar Pradesh. It is significant to mention herein that collectively the team developed the understanding of the issues and started realizing the evidentiary value of the conversations along-with our research over the national and international laws governing the acts of Interception, Tapping and Recordings of the telephonic conversations. This exercise enabled the Petitioner herein to appreciate the illegalities and issues that were intrinsic to this case and got further convinced that they have unparalleled legal, social, political and national connotations. (ogSignificantly, Mr. Albasit Khan had also spent almost an entire (3) month from 20" February, 2016 to 20 march, 2016, (but for two small intermittent visits to Mumbai) helping the Petitioner and his team to understand the technical, logistical and volitional aspects of the whole case of tapping by ESSAR House. After having undertaken the holistic appreciation of the matter, the Petitioner developed the conviction regarding the essence of the conversations and their underlying impact on our nation. ° It is further significant to mention herein that, Petitioner became abundantly cautious in view of the gravity of the whole case and thus realized the need to examine the authenticity of the otherwise prima facie facts and circumstances. The caution {from Petitioner's end was further necessitated, because any irresponsible disclosure of this information may have caused damage to the goodwill and reputation of a lot of persons that could be alleged being heard in the conversations and further undermining the Government Efficacy, Institutional Propriety and Judicial Independence in our nation. Hence, in exercise of abundant caution, I served a Caution Notice dated 2% March 2016, to the Promoters and Directors of M/s ESSAR Group, whereby I requested the recipients to bring to the notice of the Petitioner, any legal sanctions that may have led the said company to undertake the acts of phone Interception, Tapping and Recording. 9. As a matter of fact, the very intent of serving the Caution Notice dated 02.03.2016 was to also examine the veracity of allegations levelled by Mr. Albasit Khan. In the said Caution Notice, the Petitioner brought the facts relating to Mr. Albasit Khan having10. 1. approached him and the various facts and circumstances that substantiate Essar’s top management's personal involvement in the commission of crimes relating to the Interception, Tapping and Recording of the phone calls. A copy of the Caution Notice dated 2" march, 2016, is being annexed herewith as Annexure Nol Gout} ‘As a matter of fact it is significant to mention herein that on 10” march, 2016, when the Petitioner did not receive any response from the recipients of the Caution Notice from Respondent No 4 to 7 and after realizing and substantiating the contents of tapping and recording the incriminating evidence as against the key officials of Reliance Industries Ltd. (“RIL” in short), the Petitioner was constrained to send a similar Caution Notice dated 10.03.2016 to the Respondent No 8 to 11 i.e. Chairman and Directors of RIL and 12 to 13 from the Anil Dhirubhai Ambani Group, thereby requesting them to help the Petitioner ascertain the veracity and authenticity of the conversations purportedly made by them, which seemed to reflect the involvement of these corporate heads in certain glaring violations and collusive acts during the period of 2001 to 2005. . Copies of the Caution Notices dated 10" march, 2016 marked to the management of RIL and Anil Dhirubhai Ambani Group, are annexed herewith as Annexure No-2. -> 5 It is pertinent to mention herein that after having given the Notice period of 1 week for seeking the reply from all the three corporates, the Petitioner waited till the 17" March, 2016 and when he did not receive any reply to the caution notices dated 2" March 2016 and 10" March 2016, from all the concerned Companies, he was left with no option but to issue fresh Legal Notices, therebyintimating the companies his commitment to take up this matter with the government of the day through its investigating agencies, Indian Courts that have the jurisdiction to try and adjudicate on the issues of the case. It is relevant that on 18 March 2016, the Petitioner received a 2 page reply from Mr. Mahesh Aggrawal, on behalf of Ruias, wherein he denied all allegations that had been levelled as against Ruias in the Caution Notice Dt. 02 Marcha2016. It is further submitted that immediately on receipt of the reply from Mr. Mahesh Aggrawal on behalf of ESSAR House, the | Petitioner controverted and replied the contents therein by his mail Dated 18 March 2016 and the same is also enclosed herewith for e this Hon’ble Court's Kind Perusal. A copy of the Reply received on behalf of the ESSAR House dated 18.03.2016 and reply of the same by the email dated 18.03.2016, are annexed herewith as Annexure No-3 (Colly). 12. It is stated that the afortementioned Legal Caution Noticas were prepared by the help of log- books and hand-written notebooks which contain the details of the conversations and also after having listened to the conversations which were provided to the Petitioner by Mr. Albasit khan and the very objective of mentioning the context of this was to reflect on the gravity of the whole issue so that the same could be controverted in time by either of the Companies and also brought to the Notice of the Hon'ble Prime Minister of India, again with the view to highlight the gravity of this matter and to convince the need for the high level inquiry to be undertaken by the government without any delay. Copies of the© legal Notices dated 18.03.2016 sent to the Respondents, are being oat herewith as Annexure No-4(Colly).. 13. It is furthermore significant to mention herein that, for the purposes of maintaining the transparency and clarity in terms of his stand as a lawyer with respect to perusal of the case as the Complainant, the Petitioner has served on all the three companies the notices so that there is clarity, transparency and honesty maintained in the process of sharing of information from the end of the Petitioner. In the meanwhile the Petitioner had been approached by certain media persons and had himself consulted certain senior officials and serving ministers of the day, to seek their advice in terms of e adopting the future course of action because he did not wish to jump. the gun or to end up highlighting this case without due diligence and: being apathetic of the consequences it may hgve on the Politico-economic milieu, apart from the goodwill and reputation of the persons allegedly involved in the conversations. 13. It is further submitted that I would like to mention herein that while &» bringing the developments and conversations to the knowledge of the officials, Media and few Ministers of the Government of the day, the Petitioner never felt the hesitation or reluctance ‘on the part of the government in taking up the matter for investigation or to even initiate Inquiry or prosecution as against the unlawful, illegal acts perpetrated by the ESSAR group of Company, whikh is against the national safety and security. 14. It is further significant to mention herein that, during this period at ‘one stage, the Petitioner realized that the Respondent No 3, who otherwise seemed very keen, upright and committed to the cause15. 16. suddenly turned illusive and started behaving irresponsive by either Kl not receiving Petitioner's calls or by not making himself available for any further action to be undertaken like ce the Petitioner herein with any further CD's so that the same could be analysed and transcripts made thereupon. Furthermore, on 21 April 2016, the Respondent No 3 seemed to have turned hostile. It is further significant to mention herein that these developments and the conduct of Respondent No 3 raised lots of suspicion and doubts regarding the credentials and true intentions of Mr. Albasit khan and constrained the Petitioner to issue a further notice to all the three companies on 21 April 2016 around noon hours, whereby Petitioner informed the recipients of the said efail that they should refrain themselves from scuttling the process of law by managing the escape of the crucial witness Mr. Albasit Khan from India and further that as an advocate and responsible citizen of the country, the Petitioner would be duty-bound to take up this matter to its logical conclusion as the Petitioner posessed lsome relevant documents and conversations which are proof-enough to substantiate the allegations as have been made in the afore- mentioned Caution and Legal Notices. A copy of the Email dated 21.04.2016 marked to Ruia’s, RIL and Anil Dhirubhai Ambani Group is annexed herewith as Annexure No-5. It is significant. to mention herein that though I had sent the abovementioned last mail as an abundant caution however, to my utter surprise, Respondent No 3 did not meet me thereafter, but for the exchange of few messages, which also abruptly stopped on 24 April 2016. All throughout this period, I have tried to assure 28 myself that Mr. Khan had true intentions and credibility, having Oe, this cause with me, however now the Petitioner felt miserably disappointed with his absenteeism. 17. Thereafter, it was not possible for the Petitioner to mention with authority the whereabouts, the real intentions, credibility and ulterior motives of Respondent No 3, however at that stage, I had no options but to believe that Respondent No 3 did not have the same conviction as that of the Petitioner for taking up this matter and may in fact have only aspired to trade the case/information with any of the recipients and thus benefit illegally and unlawfully from this whole episode at the cost of public interest and law of the land. Therefore, being a responsible citizen and an advocate, the Petitioner firmly decided to take-up this matter to the best of his abilities considering the safety and security of the nation and in the interest of public at Large in our country. 18. It is significant to mention herein that as per information provided by the Respondent No 3 to the Petitioner lots of phone numbers e were illegally Intercepted, Tapped and Recorded and the list thereof is provided in the Complaint Dt. 1 June 2016, made to the Hon’ble Prime Minister of India. 19. It is needless to mention herein that these Conversations are of highest concern to our National Sovereignty, Safety and Security and Threatens the very foundation and Principles iF Governance, Rule of Law and Administration of Justice. It is further significant to mention herein that these Conversations substantiate that few of the corporate houses have been the major perpetrators of Corruption and Frauds against Public in collusion and nexus with «® the Politicians and higher government officials of the country. The Conversations allegedly expose many major scandals that were aided by the strong political-corporate nexus that existed at that point of time, in favour of the Respondent Comppanies. These recorded conversations allegedly reveal, the magnitude of the corporate scams in India, their ethical implications and adverse impact on the Public at large. 20. As a matter of fact, it is significant to mention herein that the Petitioner herein has tried his level best to capture the recorded conversations minutely and have found that these conversations, seemingly touch wide arena of Institutional, Corporate and Rolitical e activities of approximately 4-5 year period at that point of time and the same has far-reaching ramifications on the fabric & Constitution of our nation. Few details of the conversations have been mentioned in the notices that are annexed herewith this Petition. e 21. It is further significant to mention herein that, the alleged Recorded Conversations highlight that the conduct of respondent companies has drastically reduced the effectiveness of Public administration and severely distorted the public administrative decisions taken by the Government. The result has been aggrandisement of these corporates and publically detrimental decisions by the policy-makers in the corruption prone environment, that lacked internal ombudsman. The Conversations further substantiate the alleged promotion, patronage and protection that has been given by the Pallticaizs Higher Government Officials to the illegitimate business interests of the2a 24, corporate Respondent's and how the government offices have been further guilty of making systemic attempts to wipe-out competition across the spectrum by Firstly, creating artificial barriers to Competition and Secondly, threatening and intimidating the other companies by harassing them by entertaining frivolous and fictitious complaints against them and seeking their malicious prosecution. Considering the above-mentioned facts and background, it is | respectfully submitted that I am in possession of approximately 20 crucial CD’s that contain very vital conversations and also incriminating hand-written log-books and other relevant documents that substantiate the unlawful and _ illegal happenings which allegedly related to the illegal and unlawful tapping, interception and recording of the phone calls. In view of the abovementioned observations, peculiar faces and evidences, Petitioner being a responsible citizen and as an advocate took-up this matter. Though the Petitioner herein always wanted to take-up this matter on behalf of Mr. Albasit khan and to raise this whole matter in the National Interest, by having him shoulder the responsibility of a whistleblower. Lastly, the Petitioner herein filed a Complaint dated 01.06.2016 before the Hon'ble Prime Minister of India with a view to initiate high level inquiry and investigation through credible investigating officers so that the petitioner could passwon the incriminating material evidence in their hands. It is further submitted that the Petitioner also mentioned in the Complaint filed to PMO that the evidence will be kept safely and that the25. CDs and conversation will not be given to evens who may use the same for any anti-national and any anti-esteblishment proposes or to those who may like to exploit it for their personal benefits or for damaging the interest of our nation. It is further submitted that after filing the Complaint dated 01.06.2016 to the Hon’ble Prime-Minister, Petitioner awaited for 6 working days till 08.06.2016 to only realise that there was no. action taken. by-the office of Hon'ble Prime-Minister’s office. So much so the very Complaint was untraceable and there was no updation of the complaint number in the Prime Minister's Office. Even after many follow-ups, reminders and calls, wherein Petitloner’s office tried to enquire the whereabouts and the status of the Complaint, the Petitioner did not receive any information regarding the same. Now, “the Petitioner was constrained to file a second Complaint on 09.06.2016 requesting for the needful to be undertaken. As a matter of fact, it is significant to mention herein that as per information provided by the PMO, any Complaint filed before the PMO gets the Complaint number within a days’ time and on the very next ey or maximum within two working days after receiving the same, Complainant can get information and complaint number by calling these two numbers i.e 0111-23386447 & Q111- 23794725 and after receiving the Complaint number one can see the status and details of the action taken by the office concerned on the Complaint and the same reflects on ‘the website of the PMO i.e. Lttp://pgportal.gov.in.. aa27. 28. Copies of the acknowledgments given over the Complaints . dated 01.06.2016 & 09.06.2016, by the office of Hon'ble Prime- Minster of India, are being annexed herewith as Annexure No-6 It is pertinent to mention herein that after the submission of the Complaint dated 01.06.2016 & 09.06.2016 before the Hon'ble Prime Minister of India, which also contained the Copies of the Caution Notices got leaked in the media. Thereafter, the media houses have been continuously contacting the Petitioner to confirm the veracity of the said complaint. Petitioner through these media interactions has reiterated the neéd for the high- level fair and transparent inquiry to be undertaken in the whole matter. It is furthermore relevant that the Petitioner has tried to the best of his abilities to contain the voice conversations which are alleged to have been recorded with the interceptions and tapping of the phone calls as evident from the documents and as allegedly informed by Mr. Albasit Khan. It is relevant that, in view of the highly sensitive contents of the conversations and the need of propriety, integrity and image of the institutions of our democracy and our country/nation, it was deemed necessary by the Petitioner to bring the aspects of this whole matter to the knowledge of this Hon’ble Court. | It is very significant that since the leak of the information and the Complaint from the Hon‘ble Prime Minister’s office, the Petitioner has suddenly come in the middle of the lime-light in this whole episode. It is significant to mention that the Petitioner has un-intentionally come to the limelight in this rs@ particular case and now it has become very pifficult for the e Petitioner to wait any further for the government to take necessary action on the basis of the Complaint. 27. It is again very significant to mention herein that going by the very nature of the Compliant alongside the gravity and “ sensitivity of the issues mentioned therein, it may be of utmost. relevance to have an impartial inquiry to be held. 29. Though, the Petitioner has withstood and sustainéd all throughout this last few months of pressure, insinuations and stress however, after the revelations of the last few days, the Petitioner has come under tremendous stress especially e@ because of the friends and near & dear ones, who have exhibited there concern for Petitioner’s life and liberty. It is because after the highlighting of this case, family, friends and others, have exhibited and impressed on the Petitioner, their concern of Petitioner's life, liberty and security. It has become extremely difficult to withhold the pressure and stress especially in the view of the fact that these investigations, as and when carried- out may also require the evidence to be tendered by the Petitioner during the investigations which may have names of highly placed leaders of our country, top most bureaucrats, against whom the Petitioner seems a very common individual/person. 30. It is significant to mention herein that the Petitioner herein has decided to take up this matter as a responsible citizen of the country and himself being the practicing lawyer in the Sovereign Courts of India. It is further significant to mention herein thatwith a view to ensure an fair, transparent and impartial outcome of the present case, the Petitioner has moved this Hon’ble Court in view of the said peculiar facts, circumstances and grounds as mentioned hereunder, seeking the kind indulgence of this Hon‘ble Court in the interest of public at large and in the interest of justice. ROUND: i The Petitioner herein submits the following grounds for the kind considerations of this Hon'ble Court and in support of the prayers:- a. It is submitted that the commission of illegalities in terms of Purported unauthorised phone-tapping and consequent interception and recording of conversations tantamount to the violations. of right to privacy and personal dignity that is Constitutionally secured as an Fundamental Rights as per Article 21 of the Constitution of India. It is submitted that the Petitioner is constrained to move to this Hon'ble Court because even after the filing of the compjaint on 1* June 2016 before the Hon'ble Prime Minister of India, the Government agencies have failed in initiating the high-level investigation to examine this sensitive matter. It is submitted that the Petitioner has been provided with some very incriminating data and records of conversations which as on today are secured in his custody. Significantly, in accordance with his complaint Dt. 01 June 2016, the Petitioner hase requested the government to receive the said sensitive data so that the investigations may be undertaken in pursuit thereof. » d. It is submitted that the continued possession of incriminating data and the recorded conversations with the Petitioner herein has endangered the safety and security of the Petitioner, other than his fear of the same data and records being mutilated and destroyed for the purposes of scuttling the process of law and any further investigation in the case. e. It is relevant that initially with the complaint dated 01 June 2016, and later with the rest of details getting leaked in the public domain, has led to the complainant getting severely harassed and intimidated because of the unprecedented insinuations and pressure casted on him either for the purposes of pilferage of the data or commission of acts 'to mutilate and destroy the same. It is relevant that the Petitioner herein wants to hand- over the electronic data relating to the conversations and the other incriminating data in sealed cover before this Hon'ble Court for the necessary directions to be passed as deemed necessary and fit by this Hon‘ble Court. f. It is submitted that after having filed the comslattt on 1% June 2016, before the Hon'ble Prime Minister of India, there hae been repeated inquiries made in the office with respect to any action that may have been taken in pursuance to the said complaint. However realising that there has been no progress made in pursuance to the said complaint, the Petitioner was constrainedto submit another, complaint on gt June 2016 which again has fF es “— e not led to any action been undertaken by the government at ground. g. It is submitted that even as on 21 June 2016, the Petitioner has not been confirmed with any initiation of inquiry in pursuance to his complaint Dt. 01 June 2016. = It is submitted that the Petitioner has acted in accordance with the Rule of Law and brought in the details Bboy the complaint and the data and the records even earlier to certain top ministers serving in the present government and the same was done with the sole objective of seeking the holding of an impartial and eeeraa to examine the authenticity and veracity of conversations and the documentary evidence which has been left- behind in the office of the Petitioner owing to the | unplanned and all of sudden exit of Mr. Albasit Khan and his later turning hostile. i, It is submitted that fair and transparent investigations in this case is of utmost relevance to ensure the sanctity and % institutional propriety of the various democratic institutions in our country and for upholding the Rule of Law and respect for Administration of justice in our country. It is further submitted that the need for a Hon’ble High Court or Hon'ble Supreme Court monitored enquiry in the present case can not be undermined in view of the gravity of the existing evidence and incriminating data that needs to be judiciously examined and used in accordance with the requirements of Cr.P.C. and otherstatutory enactments and procedures, that are applicable to the present case. It is submitted that in the absence of any perusal of the complaint dated 1June 2016 by any of the investigating agencies of the government vis-a-vis the Petitioner and with the continued possession of such incriminating documents and recorded conversations with the Petitioner has put his life and liberty at severest risk and particularly, his family feels irtsecure and intimidated with the static inertia and apathy of the Respondent Government. The Petitioner is particularly perturbed for the safety and security of this electronic data and documents which may at any stage be destroyed, mutilated if not secured by this Hon’ble Court in the interest of Justice. . It is submitted that the Petitioner herein has been constrained to move this Hon’ble Court with sincere prayers to seek appropriate orders for securing the data and this Hon’ble Cc supervision in any further investigation of the case, with a view to ensure the fair and expeditious disposal of the case. It is submitted that in view of the fact that the present case allegedly involves the illegal phone tapping and consequent interception and recording of the phone calls, which was undertaken without any requisite authority or instructions from the competent authorities, is prima facie an act of gross violation of telecom license and the same deserves to be thoroughly probed and the guilty punished in accordance with law. is8 eo. It is submitted that the prevailing corruption enthralled with the nexus of Politicians, Higher Government Officials and top Corporates in the country in high places seriously impairs the fundamental rights of the citizens of this country, to live in a corruption-free society governed by the Rule of law. The Fundamental Right to life guaranteed to the} people of this country also includes in its fold the right to live in a society, which is free from crime, corruption and nepotism. @ n. It is noteworthy that the need for a court monitbred enquiry in the present case is nessecitated in view of the highly sensitive e and incriminating nature of investigations. It may not be out of place to mention herein that the government of the day may not be trusted to investigate impartially, especially when it has to investigate as against the alleged violations committed by its _ own office-bearers, if @ 0. It is submitted that in the last few days, especially after the e Complaint to PMO and the Caution and Legal Notices getting leaked in the media and public domain, the Petitioner has come under tremendous pressure which even otherwise existed all throughout the time of this case, but has got immensely aggravated in the last few days and at this stage, Petitioner finds sustaining the same very difficult all by himself. The petitioner is a practicing lawyer and has unbridled and insurmountable faith and trust in the sovereign powers of this Hon‘ble High Court and therefore seeks to invoke the Writ jurisdiction of the Hon'ble High Court with the sole intention of® Ah e ensuring not only his but every citizens respect for Rule of Law and administration of Justice in the Nation. 31. It is significant to mention that, the Petitioner herein, intends to move this Hon'ble Court, praying for the invocation of its Writ jurisdiction for ensuring a fair, transparent and judicious probe and prosecution to be undertaken under the direct supervision of this Hon’ble Court. — 32, That the Petitioner has not filed any Petition/ Public Interest @ Litigation, raising same cause of action for the same issue, before this Court or any Court of Law. 33. That the present Public Interest Litigation is filed in the interest of public at large and in the interest of equity and justice. PRAYER : In view of the aforementioned facts, cvralnnetanceel nature of evidence and the sensitivity of the subject matter of investigations that are raised in the present Public Interest litigation, Petitioner herein humbly prays to this Hon’ble Court to:- a. Issue an appropriate order or direction in the nature of Writ, ordering a thorough Court monitored inquiry or investigation | by SIT to'be held in the entire case, covering all aspects i.e. alleged acts of illegal phone tapping, intercepucn and recording. b. Issue an appropriate order or direction in the nature of Writ, to examine the genuineness of the recorded conversations and if the same are found to be genuine, passing of further= u 0 be & NS orders to. investigate the commission of crimes and evrongs: by all such persons who may have been found, indulging in ful acts especially in lieu of their confessions illegal an ee in the commission of wrongs as made in the recorded conversations, .... Issue appropriate writ, order or direction “inion of India or State Government concern to recover the windfall profit: or gain, if any, due to nexus with the higher Government officials or Politicians with Top Corporates or any other undue advantages if taken by the any of the person involved in this issue. Issue an appropriate order or direction in the nature of Writ, directing the Respondent _No-1 to. provide security of armed/pare-military personal (CRPF, CISF, etc.) to the —— ee fA at Petitioner for such period, this case is investigated, proceeded and finally disposed, so that Petitioner's life and personal liberty could be secured. in view of evident threat from any person who may have vested _ interest in tampering or distroying the crucial evidence in the case. Issue an appropriate order or direction in the nature of Writ of Habeas Corpus directing the Respondent No-1 to produce the corpus of Respondent no-3 for the purposes of securing the crucial evidence and the said Responders presence and availability, being a material witness thereby ensuring the judicious outcome in the case. Issue appropriate writ, order/s as this Hon’ble .Court.-may deem fit and proper in view of the facts and circumstances of@ \ S| the case and in the ineptest of Public at large and upholding the Rule of Law. AND FOR THIS ACT OF KINDNESS AS THE PETITIONER IS DUTY BOUND SHALL EVER PRAY. NEW DELHI Suren Uppal (Petitioner in person), R/O. D-184, Sector -49 Dated: 06.2016 eo Noida, NCR “ Mob No. 9868600900 Emall:surenuppal@Ymaificom@ IN THE HIGH COURT OF DELHI AT NEW DELHI e EXTRA ORDINARY JURISDICTION PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO. /2016 IN THE MATTER OF: - Suren Uppal sa ssunaPetitioner Versus Union of India and Anr. ssoeee RESPONEntsS. AFFIDAVIT I, Suren Uppal S/o Shri I.R. Uppal, aged 41, Years, R/o D-184, Sector-49, @ NOIDA, NCR, Delhi, do hereby solemnly state and affirm as under:- 1, That I am the Petitioner in the above mentioned Writ Petition in the nature of Public Interest Litigation and as spch I am _ fully conversant with the facts and circumstances of the case, deposed to herein below. N . That the instant Writ Petition has been drafted by me and I state that the contents thereof are true and correct ty the best of my @ knowledge and belief, 3. That the Annexures are the true copies of their respective origi and are essential parts of the records. I, Suren Uppal, the deponent do hereby verify that the contents of this affidavit from para’ 1 to 3 are true and correct to best of my knowledge ” and belief and nothing material has been concealed. Verified at New Delhi dated this the day of June, 2016.