The Supreme Court on Monday questioned the Central Bureau of Investigation’s “competence” as a “premier investigating agency” while reproaching it over delay in filing an appeal against acquittal of a government employee in a corruption case.
“Why is CBI so incompetent when it considers itself to be the premier investigating agency?” a bench headed by Justice Sanjay Kishan Kaul asked additional solicitor general RS Suri, who appeared for the central agency.
The bench, which also included Justice Hemant Gupta, observed that it was amusing to come across the delay of almost a year in filing the appeal in a case that was now being pitched as a “very important” matter.
Suri said that the problems were being addressed in the agency and some “reshaping” was also being done.
The bench, however, replied: “This so-called reshaping has been happening for quite some time but to us, it does not seem to be happening at all.”
Justice Kaul asked the ASG whether any action has been taken against the officers responsible for causing delay of 314 days in filing the appeal against the order of acquittal by the Delhi high court in May, 2019. “And if you have done nothing about the delay, why should we not dismiss it? We cannot let you walk in whenever you want,” the judge added.
Suri responded by saying that dismissal of the appeal on the ground of delay would result in letting two criminals go scot free even though they stood convicted by the trial court. He added that the agency was willing to abide by any order of the court in this regard.
{{/usCountry}}Suri responded by saying that dismissal of the appeal on the ground of delay would result in letting two criminals go scot free even though they stood convicted by the trial court. He added that the agency was willing to abide by any order of the court in this regard.
{{/usCountry}}“If that be the position, first it is the CBI which has to show some seriousness in the matter of fixing responsibility on the persons responsible for the inordinate delay of 314 days in filing the special leave petition,” stated the court in its order.
The bench told the ASG that it would consider admitting the CBI’s appeal only after they conduct an inquiry and fasten accountability on those responsible for the delay.
It noted in its order: “There is delay of 314 days for which no satisfactory explanation has been forthcoming. We are dealing with a premier investigating agency, the CBI!…We thus direct the CBI to hold an enquiry; fix the responsibility and place that before us, before requesting us to issue notice.”
The court gave CBI two months to complete its inquiry and place a report before it.
The case relates to an alleged complicity between CB Singh, who was posted as junior engineer in the Municipal Corporation of Delhi (MCD) between 2000 and 2001, and co-accused Rajvir Singh, a private builder who constructed flats without any approved sanctioned plan.
The investigation was entrusted to the CBI by an order of the Delhi high court in 2006, following which the duo was booked and charge sheeted. A trial court in Delhi held them guilty of corruption and criminal conspiracy and sentenced them to three years each in jail in March 2016. But the Delhi high court reversed this decision in 2019 and set them free, prompting the CBI to file an appeal in the top court.