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HindustanTimes Mon,14 Jul 2014

Calcutta HC disallows CBI probe into Saradha scam

PTI  Kolkata, June 19, 2013
First Published: 20:15 IST(19/6/2013) | Last Updated: 20:20 IST(19/6/2013)

The Calcutta high court on Wednesday did not allow a CBI probe into the multi-crore Saradha scam at the present stage and directed that the Special Investigation Team of the state police would continue with its inquiry which would be monitored by the court.

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A division bench comprising Justice A K Banerjee and Justice M K Chaudhuri directed the state investigation agency to submit monthly report of progress with the Registrar General of the high court on the last day of each English calendar month commencing from June 30, 2013 until the proceedings are brought to a logical conclusion or until further orders.
 
Observing that the Supreme Court has time and again cautioned that the court's power to order a CBI probe should be exercised sparingly and not as a matter of routine, the bench in its 69-page order said, "Hence, at the end of the day, we find our power should be sparingly used, that too in an extraordinary situation."  

The bench, however, directed that "The SIT would extend all support that would be asked for by any central agency for carrying out investigation at their level including inspection of records, providing copies if asked for and permissible in law."
 
It directed that the central agencies would also be reasonable in this count having regard to the fact that the SIT would be hardpressed for time and would be busy with their present assignment and that central agency must approach them only with prior appointment.
 
The bench asked the state government to establish a special court, if necessary, in consultation with the High Court administration so that all cases relating to Saradha could be heard by one special court having power to take cognisance, frame charges and conduct sessions.
 
The division bench said the "state should also examine the possibility of establishing one more special court of similar nature dealing with identical cases of other groups, if any lodged with the police in any police station of the state."


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