Revision as of 11:10, 18 September 2016

CBI investigations: who can order?

HC can order CBI probe

From the archives of The Times of India 2010

HC can order CBI probe: SC

Swati Deshpande | TNN

Mumbai: A five-judge constitution bench of the Supreme Court headed by the Chief Justice K G Balakrishnan, on Wednesday adjudged that the country’s high courts can order a CBI probe into a case without the assent of a state government, while also cautioning that such powers should be used sparingly, and only in matters of national or international importance.

The SC was hearing the West Bengal government’s petition challenging the Calcutta high court order of a CBI probe into the Midnapore firing in which 14 Trinamool Congres workers were killed. The WB government argued that law and order was a state subject and that a CBI probe without the state’s nod would be a ‘‘destruction of the federal character of the Constitution’’. West Bengal was the main petitioner along with some southern states.

But, taking a stand based on the ‘‘higher principle of constitutional law’’, attorney general Goolam Vahanvati argued that the powers of the high courts and the Supreme Court under Articles 226 and 32 were coupled with a strong obligation to prevent injustice in sensitive cases and to protect the fundamental rights of citizens. The SC bench agreed with him, and dismissed the petition. Until now, the CBI conducted probe in any state only with prior consent of the concerned government under the provisions of the Delhi Special Police Establishment Act.

The five-judge Constitution Bench headed by Chief Justice K G Balakrishnan and Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal agreed unanimously with Vahanvati but said the power must be exercised sparingly in ‘‘exceptional and extraordinary circumstances.’’ Otherwise, the CBI will be flooded with such directions in routine cases, the bench said.

Success rate

70% conviction of tainted officials: 2006-16

Himanshi Dhawan, In 70% of cases, CBI secures conviction of tainted officials Sep 18 2016 : The Times of India

CBI’s conviction rate 2006-16

4,054 Cases In Which Govt Staff Found Guilty In Last Decade

Nearly seven out of every 10 corruption-related cases investigated by the Central Bureau of Investigation (CBI) ended in conviction of government officials in the last decade, a record that justifies the dread that the agency strikes among unscrupulous officials.

Since 2006, CBI probed over 7,000 cases, of which trial has been completed in 6,533. About 4,054 cases (68%) ended in conviction of the accused under the Prevention of Corruption Act, 1988, while 2,095 (32%) ended in acquittal.

The relatively high conviction rate counters the popular belief that trials in India are often delayed and officials, along with the influential, usually avoid jail time.

The analysis by public information website Factly .com is based on data shared by the government in Lok Sabha. “Given Indian conditions, 68% conviction is fairly decent. The major flaw is in the judicial system which is full of delays, which in turn allows influencing witnesses, said Shailesh Gandhi, former information commissioner.

Of the 7,000 corruption-related cases probed and disposed of between 2006 and June 2016, some 3,615 ended in prosecution, 2,178 ended in prosecution as well as regular de partmental action (RDA) while 636 cases were subject to only RDA. Another 671 cases were closed without action.

While CBI investigates select cases, national data up to 2015 showed that 13,585 corruption cases were being investigated, mostly relating to bribery and criminal misconduct. Some 29,206 corruption cases were pending trial while the accused were acquitted or discharged in 1,549 cases in 2015.

CBI completed investigations in the highest number of cases in 2008 followed by 2007. The least number of cases were investigated and disposed of in 2010, the year when the 2G and Commonwealth Games scams held national attention.

On an average, 9.3% of the cases ended in closure without any action.

In cases where trial has been completed, acquittal rate was highest in 2007 at over 50%. Most number of cases were disposed of in 2013 (921), followed by 865 in 2012. The least number of cases were disposed of in 2008 (369).

Data from the National Crime Records Bureau show an increase of 5% in corruption cases in 2015 (5,867) compared with 2014 (5,577).

Factly .com's Rakesh Dubbudu noted that getting sanction for prosecution of a government official continued to be an issue.