Bombay High Court criticises CBI over privacy breach in ₹800 crore scam probe, grants relief to TCE
A Division Bench of Justice A.S. Gadkari and Justice Rajesh Patil passed the interim order while hearing a petition filed by TCE seeking quashing of a first information report (FIR) lodged on June 18. The FIR named former JNPA chief manager Sunil Kumar Madabhavi, TCE director Devdutt Bose, Boskalis Smit India LLP, Mumbai, and Jan De Nul Dredging India Pvt. Ltd, Chennai and other officials and firms involved in the project.
'It was alleged that during the maintenance of dredged channels in Phase-I of the project, JNPA made excess payments aggregating to ₹365.9 crore to the contractors against claims raised for over-dredging of channels. However, in Phase-Il of the project, which overlapped with the maintenance period of Phase-I, JNPT [Jawaharlal Nehru Port Trust] made an additional excess payment of ₹438 crore to the contractor, showing that no over-dredging was done in Phase-l or maintenance period thereof,' the CBI's statement read.
These alleged losses were based on over-dredging claims and falsified hydrographic data. The FIR invokes sections 120-B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code, along with provisions of the Prevention of Corruption Act.
TCE, which was appointed as the project management consultant in 2003, submitted the final project report for Phase I in 2010. Its responsibilities included preparation of tender documents and supervision of project execution.
Searches were conducted at the residential premises of officers of JNPA, TCE and offices of accused private companies at five different locations in Mumbai and Chennai which led the investigating team to the recovery of several documents relating to the Capital Dredging Project, digital devices and documents showing investments made by public servants.
Senior Advocate Amit Desai, appearing for TCE, argued that the company's role was limited to consultancy and that it had no part in contractual or financial decisions. He also contended that there was no material evidence linking the firm to the alleged fraud.
The Court noted that the memo disclosed the password of a laptop belonging to Devdutt Bose, which, the Bench said, constituted a serious violation of privacy and the Information Technology Act.
'How can you publish the password of someone? This is contrary to the basis of the IT Act. You have caused damage to someone. You (CBI) cannot publish someone else's password in public. This is a very sensitive matter. This involves tampering. This in itself is mandatory grounds for discharge,' the Bench observed.
The Bench also raised concerns about whether the disclosure was made with malicious intent, potentially benefiting competitors.
The Court has directed the CBI to clarify key aspects of the FIR, including the source of the complaint and whether the matter had previously been examined by the Attorney General for India or the JNPT Board of Trustees, as claimed by the petitioner.
The case is scheduled to be heard again after two weeks.
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