The Supreme Court in the case Save Mon Region Federation And Anr v The State Of Arunachal Pradesh And Ors. observed and has agreed to issue notice in the Public Interest Litigation, PIL moved seeking directions for SIT probe into the alleged irregular allotment of public contracts to the companies owned by relatives of the incumbent chief minister of Arunachal Pradesh, Mr Pema Khandu.
The bench comprising of CJI DY Chandrachud and Justice JB Pardiwala and Justice Manoj Misra was apprised of the previous pending SLP in relation to the alleged arbitrary allotments of public work contracts to the family of the Chief Minister in the state.
The counsel, Advocate Prashant Bhushan, appearing for the petitioners mentioned that a similar SLP related to the father of the present Chief Minister, Mr Dorjee Khandu was pending before the bench of Justices Anirudha Bose and Bela Trivedi.
In the present case, Mr Dorjee Khandu was also accused of giving important public works contracts to his family companies.
The counsel, Advocate Prashant Bhushan, appearing for the petitioners explained that in the matter, there was an IA bringing out these contracts also before the court also which happened subsequent to the earlier proceeding, hundreds of contracts being given to the family members of the present Chief Minister.
The counsel stated that in October, they have had asked the CAG as to what are the rules regarding giving contracts to your family members etc. The CAG had given a note.
It has also been alleged in the petition that partiality in giving away key tenders to the close associates of Mr Pema Khandu including the construction company ‘M/s brand Eagles’ belonging to Khandu’s spouse. Additionally, Pema’s nephew Mr. Tsering Tashi, an MLA from Tawang District owning M/s Alliance Trading Co. has been awarded work contracts without following due procedure.
The petitioner in the plea prays for an investigation into the matter either by the Central Bureau of Investigation, CBI or a Special Investigation Team, SIT.
The court in the case obserevd and has issued the notice in the writ petition with liberty to serve the standing counsel of State of Arunachal Pradesh.
Facts of the Case:
The similar matter filed by an NGO named ‘Voluntary Arunachal Sena’ and was represented by Advocate Prashant Bhushan, wherein it was alleged that contracts were given by the state government of Arunachal Pradesh without floating any tender.
Therefore, the petitioner organisation filed the petition in the Supreme Court in 2010 challenging a decision of the Gauhati High Court to dismiss a PIL filed in 2007. Dorjee Khandu, the Chief Minister during 2007-2011 term is a respondent in the petition in personal capacity.
Adding to it, the petitioner in the plea stated that the incumbent Chief Minister Pema Khandu (son of Dorjee Khandu) as an additional respondent in his personal capacity later.
The court in the case observed and has expressed its intention to seek assistance from the Comptroller Auditor General, CAG in the matter without impleading him as a party, had directed to submit a report on the following points:
1. That Whether very close relative(s) to the Executive Head of the State can be awarded Government contracts;
2. In the event this question is answered in the affirmative, what would be the norms for awarding contract to such persons.
Subsequently, on perusal of the CAG report as submitted.
Accordingly, the court listed the matter for further consideration on February 14, 2024.
