ASG & Public Prosecutor To Be Empowered To Give Opinion On Filing Appeals: Calcutta HC Suggests Changes In CBI Circular To Curb 'Inordinate Delay'

The Calcutta High Court vide order dated June 8, 2022, has suggested that the CBI issue a fresh circular empowering the Additional Solicitor General (ASG) and the Public Prosecutor to give their opinion to the Director of Prosecution on filing appeals challenging court orders, to cut down on delay.

Justice Bibek Chaudhuri had expressed displeasure at the agency for filing appeals after the expiry of the limitation period. The Court had noted that the CBI officers were failing to comply with the CBI manual which stipulates detailed provisions to avoid delay and ensure filing of appeals and revisions within the limitation period.

Accordingly, the Court had opined that the issue could not be decided without hearing the CBI Director and thus sought his virtual appearance.

On Wednesday, Justice Chaudhuri reiterated his proposal when CBI Director-General S K Jaiswal was present via virtual mode during the hearing. Stating that inordinate delay occurs in all cases in which the CBI is filing appeals, the judge said that if the court allows all its prayers for condonation of delay, it may lead a common litigant to think that the agency is privileged.

Addressing the CBI-Director General and ASG S V Raju, the Court remarked that in almost all such appeals, the application for special leave to appeal under Section 378(4) of the CrPC are filed by the CBI after about one year or more from the date of delivery of judgment by the Trial Court.

In response, the ASG had responded that Circular No.10/2020 dated March 4, 2020 issued by the CBI has set timelines for the process of appeals and that disciplinary action is taken if there is a breach. Thus, the ASG averred that as per the circular it takes about 26 days to get the final opinion of the Director of CBI as to whether an appeal should be filed by the CBI against an order of acquittal or not.

"Referring to the various clauses of the said circular and specially "specified timelines for submission", the learned Assistant Solicitor General submits that after delivery of judgment by the Trial Court, the conducting prosecutor shall apply for certified copy of the judgment on the same day or next day of pronouncement of judgment. Pending receipt of the certified copy of the judgment the conducting prosecutor is under obligation to submit an uncertified copy of the judgment with his comments to the branch office. The Heads of the Branch/Deputy Inspector General of Police, thereafter, shall offer his comments within seven days to the Heads of Zones and the Head of Zone/ Joint Director shall offer comments within seven days and sent the same to the Additional Director/Director of Prosecution. The Director of Prosecution thereafter may finalize the comments within five working days. Thus, according to learned Assistant Solicitor General as per the circular it takes about 26 days to get the final opinion of the Director of CBI as to whether an appeal should be filed by the CBI against an order of acquittal or not", the Court recorded in the order. 

However, Justice Chaudhuri opined that such a circular dated Marcy 4, 2020 is maintained only in papers and is not actually implemented. Reiterating the proposal to sought the opinion of the ASG  and the Public Prosecutor on filing appeals challenging court orders, the Court observed, 

"The experience of this Court shows that the circular dated 4th March, 2020 is maintained only in papers. It is not being followed and till date the appeals are filed by the CBI against order of acquittal after expiry of the period of limitation. Thereafter, this Court further reiterates its proposal to be considered by the CBI in its administrative side to come up with a fresh circular to the fact that against an order of acquittal the zonal shall obtain a comments of the Public Prosecutor and the learned Assistant Solicitor General send the said comments directly to the Director of Prosecution for his consideration. The Director of Prosecution shall consider the opinion of the learned Assistant Solicitor General of the respective High Courts within seven days from the date of receipt of the opinion and finally shall take decision as to whether an appeal should be file or not."

The Court further ordered the aforementioned proposal to be communicated to the Assistant Solicitor General and the Director of CBI for consideration through the Assistant Solicitor General, High Court, Calcutta.

The court had on April 6 proposed an amendment of clause 21.9 of CBI (Crime Manual, 2022) by the CBI in its administrative authority empowering the ASG to the High Court to give his opinion as to whether an appeal should be filed against a judgment and order of acquittal or for enhancement of sentence and on the basis of the opinion given by the ASG, the zonal office may be permitted to file a memorandum of appeal within the period of limitation. 

Also Read: Delay In Filing Appeals: CBI-DG Assures Calcutta High Court Of Strict Compliance With Timelines, Disciplinary Action Against Erring Officials

Case Title: Central Bureau of Investigation (Special Case No.04/99) v. Ms. S.R.Ramamani & Ors

Case Citation: 2022 LiveLaw (Cal) 232

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