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CVC asks all agencies, departments to vacate stays within 6 months
People familiar with the matter said several high-profile accused usually avoid trials in corruption, money laundering and other cases by availing stays for a longer period from the lower or the high courts
The Central Vigilance Commission (CVC) has directed all the investigation agencies and government departments to take immediate steps to ensure stays granted by trial or high courts in civil or criminal matters are vacated within six months and proceedings are commenced in consonance with the Supreme Court’s March 2018 judgement, people familiar with the matter said.
A three-judge Supreme Court bench on March 28, 2018, said stays will automatically lapse after six months, except in exceptional circumstances, in all pending matters before high courts or other courts related to Prevention of Corruption Act or other civil or criminal cases. It noted that several proceedings were adjourned sine die on account of stays granted by trial courts or high courts and this has badly hit the trials.
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In a circular on Tuesday, the CVC said, “In respect of those cases, where stay was granted by a trial court more than six months ago and also in cases based on Central Bureau of Investigation’s (CBI’s) investigation, which have been kept in abeyance due to court orders, the issues may be examined in light of the aforementioned judgement of the SC [Supreme Court].”
It said appropriate and immediate steps may also be taken, in consultation with the organisation’s counsels/legal branch, to ensure that the stays are vacated within six months.
People familiar with the matter said several high-profile accused usually avoid trials in corruption, money laundering and other cases by availing stays for a longer period from the lower or the high courts. “This period is also often used by the accused to tamper with the evidence or threaten the witnesses. Any stay should not exceed six months as stated by the SC [Supreme Court]. It will also help us get convictions in time,” said a CBI officer, requesting anonymity.
