C expresses concern over elays in CBI, ED probes
The Supreme Court nesday expressed concern inordinate delays in investin and conclusion of trial in s lodged by Enforcement ctorate and Central Bureau vestigation against Memof Parliament and MLAS/ s and asked the Centre to ide necessary manpower nfrastructure. he top court also said state rnments have the power er law to withdraw “malis” criminal cases and it is gainst withdrawal of such s but they should be examby the high courts coned. bench of Chief Justice N V ana and Justices D Y Chanhud and Surya Kant said it pass a detailed order on the and pointed out that it was aying anything or expressny opinion on the investig agencies like ED or CBI as ll lower their morale but should ensure that trials are pleted expeditiously.
e don’t want to say anyg about investigating agenas we don’t want to lower their morale. Else, their report speaks volume. There are over 200 cases in these courts. Sorry to say Mr Tushar Mehta these reports are inconclusive. No reasons have been given for not filing charge sheets for 10 to 15 years...,” the bench said. The top court was hearing a PIL filed by advocate Ashwini Upadhyay seeking life ban on lawmakers convicted in heinous criminal cases and speedy disposal of cases against them.
At the outset, senior advocate Vijay Hansaria, appointed as amicus curiae in the matter, told the bench that the status reports of CBI and ED on cases against lawmakers is “disturbing” and “shocking” which needs “surgical treatment” for expediting the trial.
CJI Ramana said the court has gone through the ED and CBI reports but “it’s easy for us to say, expedite the trial, etc. but we are also aware that there are several issues involved with this. There is a shortage of judges, courts and infrastructure. I’ve also summarised and have prepared some notes. Total 76 cases of ED are pending since 2012 onwards. 58 cases of CBI are of life imprisonment and oldest case is from 2000”. The bench said that it has already expressed its displeasure and reservation to Solicitor General Tushar Mehta over the issue and has asked him to do something.
“You have to do something on this issue Mr Mehta. Don’t keep us hanging like this,” the bench said, adding that he will have to give some explanation especially for ED and CBI.
Hansaria pointed out that cases are being withdrawn by many state governments by simply saying that these are malicious cases, instituted by previous political dispensation and for no other reasons. The bench said, “We are not opposing withdrawal of cases by the state governments. They have power to do so...the governments must move high courts for withdrawal of cases”. During the hearing, Mehta said that the top court may issue directions to the investigating agencies to complete the probe within six months and the trial court may be directed to complete the trial in a time bound manner.
Hansaria said that 50-60 per cent of cases registered by the ED and CBI are pending investigation for 10-12 years and this should be expedited. The bench told Hansaria that like the judiciary, investigating agencies are also facing manpower crunch and it has to take practical view on these issues and the Solicitor General can apprise it about the shortage. “We understand manpower is the real issue. We have to take a practical stand. Just like us, investigating agencies are also suffering due to shortage of manpower,” the CJI observed.
The top court was informed that over 120 lawmakers including 51 sitting and former MPS are accused of money laundering and being probed by the ED while 121 others have been booked by the CBI for various criminal offences.