Agencies just like the CBI and Enforcement Directorate were reprimanded today by the Supreme Court over delays in investigations against MPs and MLAs. Cases are pending for 10-15 years and chargesheets aren’t filed, judge of India NV Ramana said, asking the agencies to clarify why.
The Enforcement Directorate is “only attaching properties” and zilch else is completed, the Supreme Court noted in sharp remarks.
“Don’t keep cases hanging like this. File a chargesheet,” Justice Ramana, heading a 3 judge bench, said, citing that speedy trials were needed to deliver justice to people.
“We don’t desire to mention anything against these agencies because we do not want to demoralise them. But all this (number of pending cases) speaks volumes,” he added.
Vijay Hansaria, assisting the court, remarked that in one case the agency had said that the case was expected to be completed in 2030.
“My God!” – Justice DY Chandrachud exclaimed at this.
The agencies had given no reason for the delays, commented Justice Ramana, Justice DY Chandrachud and Justice Surya Kant.
“Just like us agencies also suffer from lack of staff. Any big or small case people want CBI to research. We understand that they’re also burdened like courts. And in some cases they need to travel through special procedures and want resources,” they said.
“But the courts are littered with the pandemic. Investigative agencies don’t seem to be suffering from that. Why are they not trying their best?”
According to the justice, since the cases involve public representatives, special conditions were needed as “they may misuse their position”.
“Since these cases involve public representatives they will also misuse their position which is why we had imposed special conditions. We had said in last hearing that these cases can not be withdrawn without the approval of the state supreme court,” said Justice Ramana.
Solicitor General Tushar Mehta, representing the govt., admitted to the delays and said: “Instead of going case by case, i’m in agreement that they have to be expedited.”
In response, the jurist said it absolutely was “easy to mention that expedite this” but where was it happening?
Mr Mehta was asked to induce back to the Supreme Court on the explanation for the large delays in pending cases within the next hearing.
