Delhi Court Pulls CBI In ₹2435 Crores Bank Fraud Case, Says It's Putting 'Veil Of Secrecy' To Conceal Material Facts From Court
Pulling up the Central Bureau of Investigation (CBI), in a Rs. 2435 Crores bank fraud case, a Delhi Court yesterday said that the investigating agency wants to put “veil of secrecy” so that the truth never comes out and remains embedded in the case file. “Therefore, it appears from afore circumstances that the investigating agency has something material to conceal from the Court, to...
Pulling up the Central Bureau of Investigation (CBI), in a Rs. 2435 Crores bank fraud case, a Delhi Court yesterday said that the investigating agency wants to put “veil of secrecy” so that the truth never comes out and remains embedded in the case file.
“Therefore, it appears from afore circumstances that the investigating agency has something material to conceal from the Court, to which they want to put a veil of secrecy, so that truth should never come out and see the light of the day and remains embedded in the files i.e. the crime file,” Special Judge Sanjeev Aggarwal of Rouse Avenue Courts said.
The judge said that whatever investigations are done by any investigating agency after the registration of the FIR, the same has to be done in fair and transparent manner.
“After the investigation is over, the final report is filed in the Court, then the Court has every right to see as to what had transpired from the registration of the FIR / RC till the culmination of the charge sheet / final report including the crime file, which is part of the investigations containing FR-1 and FR-2,” the Court said.
It added: “Any concealment or non production of the crime file will only enhance the suspicion that investigating agency has probably something to blot out from the Court, especially so when the matter relates to the offence(s) of fraud and wrongful loss to the public money to the tune of Rs. 2435 Crores, caused to the State Bank of India, Industrial Finance Branch, Mumbai.”
On February 03, the CBI was directed to produce all the crime files of the case. However, despite the judicial order, CBI failed to produce the case files. The files were sought for examining the reports submitted by the prosecution containing the legal opinion in the matter.
The judge noted that without the said reports, the Court will be “handicapped” and will not be in a position to form an opinion as to whether further investigations should be done or ordered in the case or not and as to what important aspects may have been missed by CBI.
The Court further said that prima facie, the main and supplementary chargesheet revealed that the investigation was not properly done by the CBI and was conducted in a perfunct and casual manner.
“Moreso, in the present case, which is an economic offence(s) of huge magnitude, impinging upon the honest tax payers of the country and the State Exchequer and the non production of the crime files may lead to an prima facie inference that the investigating agency is concealing something important from the Court, which they do not probably want should come out in open, which itself per se makes out the existence of unusual and extra ordinary circumstances, which warrants perusal of the crime file by the court,” the Court said.
It added that non compliance of the order to produce case files was an act of “clearcut defiance and recalcitrance” on part of the CBI which conveyed that “they do not care or obey” the judicial order.
The same is a matter of grave concern and is also contrary to the spirit of Article 21 of The Constitution of India, which ensures fair investigations and consequent fair trial, the judge said.
The Court directed the concerned Head of Branch to ensure that the IO of the case appears with the crime file on February 21, the next date of hearing, without fail.
