…..a preliminary inquiry should be time bound and should not exceed 7 days…..In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant within one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
The above directions were passed by the Supreme Court of India in the Lalita Kumari v/s Govt of UP order, dated November 2013, making any preliminary inquiry conducted by the police a time-bound affair.
Yet, the police has been known to drag preliminary inquiries out over months, even years, which often frustrates the complainant. One such controversial case in which the preliminary inquiry has been going on for the last one year, is the Essar Tapes case being probed by a Delhi Police special investigating team (SIT).
The audio tapes shed light on an an alleged political-corporate nexus when the Vajpayee led NDA-1, (1999-2004) and UPA-1 (2004-2009) regime was in power.
According to the complainant of the case, Suren Uppal, a Delhi-based Supreme Court lawyer, an FIR has not yet been registered in the case, although he had supplied all documents and other relevant evidence to the police.
In a recent letter dated 10 April to the SIT, accessed by The Quint, Uppal has expressed his concerns about how the investigation is proceeding.
On one hand the Undersigned (complainant) is trying his best and making various efforts to highlight such a sensitive case at huge personal risk, while on the other hand, the Enquiry Committee has not registered the FIR despite the gravity of the offences disclosed in the complaint.Complainant’s Letter to SIT
Short History of the Essar Tapes Case
On 1 June 2016, Suren Uppal had filed a complaint on behalf of an ex-employee of Essar group, Albasit Khan, to Prime Minister Narendra Modi on the alleged illegal phone tapping by Essar Group between 2001 and 2006 – of calls between several VVIPs, including Cabinet ministers, bureaucrats, bigwigs of Reliance group and ADAG group.
Of those who were tapped, some are currently holding ministries and top bureaucratic positions.
Albasit Khan tapped the conversation of VVIPs on the instructions of Essar management. In 2016, for the first time, Khan approached Uppal for legal guidance in this matter but later went underground. Uppal claimed at the time that Khan may have been ‘pressured’ to hush up the case. It is not yet clear why Albasit Khan didn’t approach any investigative agency to probe the matter in all these years.
In July 2016, the Delhi High Court disposed of the plea filed by Uppal for a court-monitored SIT probe on the grounds that the Delhi Police had already initiated a preliminary inquiry.
The Quint was the first to publish some of the explosive recordings. Below are the links to the various tapes.
The Quint Accesses Essar Audio Tapes: Exclusive Transcripts Part 1
The Quint Accesses Essar Audio Tapes: Exclusive Transcripts Part 2
The Quint Accesses Essar Audio Tapes: Exclusive Transcripts Part 3
Exclusive: The Explosive Conversations from Essar’s Phone Taps
Is It Lack of Evidence, or VVIP Involvement That’s Delaying the FIR?
Is this case too hot for Delhi Police to handle? Uppal claims that he has provided them with all the relevant documents and recordings with which to conduct an investigation into his complaint.
So far I have appeared 9 times before the police and answered all their queries. They have my statement and all necessary evidence. Still they are not registering an FIR.Suren Uppal, Complainant
He claims the police insist that they be allowed to examine the devices used to intercept and record the phone calls. But he says he is not aware of these devices, nor does he have access to them. Only Albasit Khan, Essar’s ex-employee, could help them with that.
Police is insisting on recording devices which I can’t provide to them because it is with Albasit Khan, who did the recordings. Police should chase him and get more evidence.Suren Uppal, Complainant
When contacted by The Quint, the head of the SIT, SBK Singh, Special Police Commissioner of Delhi Police, refused to comment on the matter.
There are several questions that need to be answered by the investigating agencies. But the biggest question is: When the cops have intercepts, log-books, emails, and other relevant evidence, prima-facie enough to prove unlawful act, why is there no FIR?
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