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“IT IS BETTER THAT TEN GUILTY PERSONS ESCAPE THAN THAT ONE INNOCENT SUFFER”
INTRODUCTION Yesterday, I was shocked to hear news which read- “Many cases investigated by CBI ending in acquittal: Madras High Court seeks response on CBI’s recruitment policies”. Before commenting anything on the topic, I would rather like to ask a few questions.
Is this statement made by high court really worth? Do they want to say that whatever case CBI handles should necessarily result in conviction of one or other person? Do they actually mean if result is acquittal then there is something wrong with CBI?
Agreed, there have been some cases like Arushi’s Murder case where CBI officials were wrong in their investigation. Her parents later on were acquitted. But does this mean that one wrong investigation will be taken as basis for other investigations. If one is acquitted that simply means acquitted. No other thoughts should grow up in mind. Don’t you trust the judicial system?
As we all know that CBI is an investigation agency which comes under the Ministry of Home Affairs in India. Does it mean that there is some political interference in working of this agency? Is CBI acting like a puppet in the hands of central government?
To get a clear basic understanding we need to analyze the data and then come to a proper conclusion.
WHAT DOES THE DATA SUGGEST?
According to Deccan Chronicle, in 2019 the acquittal rate was 45.7% of total cases booked by CBI. Reasons given for the acquittal rate was poor evidence and a lot of political interference. CBI failed to give evidence. According to the policy of CBI, it states that there should be no role of government in the course of investigation. But last few years have seen the role of government in the course of investigation by CBI.
Some reasons for such rate of acquittal are as follows:
· Political interference
· Long procedures (as a result delay in filing charge sheet)
· Untrained officers
· Pending transfers
· Vacant additional posts
· Poor infrastructure
In 2013, the Honorable Supreme Court called CBI as a ‘caged-parrot’. This was loudly pronounced by Justice R.M. LODHA. It has also been accused of getting trapped in the misdeeds of political parties. But CBI has declined all these accusations. In the words of director of CBI-
“Every political party wants to accuse the political rival in power of misusing the CBI,” former CBI director Shanker said. “And, the cycle continues.”
What does this statement dictates. Is this statement indicates that CBI is hiding its misdeeds by blaming the claim on political parties? Or does it mean that it’s the way of political parties to make themselves superior in eyes of general public. But whatever the case may be. It has become a way of befooling common man.
CONCLUSION Looking at the above discussion, I would rather like to say that there is going something wrong at every end. If it’s the case of political interference, then the CBI should be separated from the ministry of home affairs and made a separate department.
It is hilarious to listen to such statement like if CBI investigation cases are resulting in acquittal then there is something wrong. There may be other reasons such as untrained officers or corrupt officers or anything else. Don’t be a damn fool to close your eyes for what is going on. And remember investigation is a process. The end result remains in the hands of our judicial system. So somewhere it’s the duty of our judicial system to go through all the facts and evidence thoroughly.
Now the madras high court has sought the response on various aspects from the CBI on following aspects:
· Does CBI recruit its staff independently or through an agency especially for their investigation teams?
· Is the CBI depending only on police officials deputed from agencies such as the State police, CSF and CRPF?
· What is the strength of the CBI, especially its investigation team?
· Why not increase the number of officials for investigation as more number of cases is being referred to the CBI?
· Why not the CBI recruits candidates with qualifications such as CA, ICWA, and ACF etc. when they are dealing with cases involving bank frauds?
· How many cases have been referred to the CBI in the last 20 years?
· What is the status of those cases?
· How many cases ended in acquittal/ conviction?
· What is the rate of conviction?
· Why not increase the allotment of funds to CBI as it is represented that CBI does not have sufficient resources?
· What are all the reasons for enormous delay in concluding investigations by CBI?
Let’s wait for a response. I would like to quote something here:
“Never be afraid to raise your voice, we want justice”
1. Meera Emmanuel, Many cases investigated by CBI ending in acquittal: Madras High Court seeks response on CBI’s recruitment policies, BAR AND BENCH (December 10, 2020, 7:48 AM), https://www.barandbench.com/news/litigation/many-cbi-cases-acquittal-madras-high-court-seeks-response-on-recruitment-policies
2. Aniruddha Ghosal and Kaunain Sheriff M, Aarushi Talwar murder case: Key evidences that caught attention, THE INDIAN EXPRESS (December 10, 2020, 7: 50 AM), https://indianexpress.com/article/india/aarushi-talwar-murder-case-rajesh-nupur-talwar-hemraj-noida-cbi-key-evidences-that-night-at-flat-l-32-4900539/
3. Coreena Suares, 45 per cent of CBI probes conclude in acquittal, Deccan Chronicle (December 10, 2020, 7:56 AM), https://www.deccanchronicle.com/nation/current-affairs/120119/45-per-cent-of-cbi-probes-conclude-in-acquittal.html
4. Ross Colvin and Satarupa Bhattacharjya, A "caged parrot" - Supreme Court describes CBI, Reuters (December 10,2020, 9:14 AM), https://in.reuters.com/article/cbi-supreme-court-parrot-coal/a-caged-parrot-supreme-court-describes-cbi-idINDEE94901W20130510