Investigating Agencies Sleeping Over Criminal Matters Is Connivance With Accused: J&K HC Says They Should Be Examined For Abetment [Read Order]

"There cannot be any possible explanation for keeping the investigation pending for more than a decade. The benefit of that always goes to the accused. Anyone can imagine the result of a trial, investigation of which takes decades. This may be the apparent object. This only shows that there is no responsibility or accountability of any officer," the Division bench comprising of Justice Rajesh Bindal and Justice Sanjay Dhar said.

The remarks were made after the Court noted that there were hundreds of cases registered decades ago, where either investigation was pending or sanction of prosecution was not procured or the investigating agencies were "sitting tight" despite filing of final report.

Further, when complete records of such cases were sought from the General Administration Department, it came empty handed, certainly because of inaction against the erring officials.

"It may be uncomfortable to furnish information as many of the officers involved in the cases under PC Act may be enjoying plum postings even now and may have been granted all service benefits including promotions during the pendency of investigation," the Bench was constrained to remark.

Such state of affairs, the Bench said, show either incompetence or connivance on part of the investigating agencies. It remarked,

"The investigating agency has apparently surrendered before these unscrupulous corrupt persons in the system, who have either been directly arrayed as an accused in the FIR or conniving in not letting the investigation completed.

The files apparently move from one office to another and then to the Central Office with different queries like of shuttle cock. Everyone knows that shuttle cock has a life and thereafter it is dead and not worth use. In this manner lot of record may be misplaced as Durbar moves also come in between. Idea may be burry these investigations in this fashion, with no body being responsible."

The Court was hearing a PIL pertaining to non-grant of sanction of prosecution of the officers involved in corruption cases.

It has opined that the conduct of such officers, who hinder the grant of sanction for prosecution in cases registered against Government officials, needs to be examined "for abetting the crime" and not letting the investigation reach the logical end.

The Court noted that from the year 1998 to 2018, there were total 295 cases registered with the Anti-Corruption Bureau in Jammu and Kashmir. Out of these:

• 31 cases are pending wherein either investigation could not be concluded or the challans could not be presented on account of the interim orders passed by this Court
• In 35 cases, the matter has been sent to the competent authority for sanction of prosecution for presentation of challan but the same is lingering on for years together, apparently, in some connivance.
• In 18 cases, final report has been submitted to the Central Office of the Anti-Corruption Bureau but they are sitting tight over the matters.
• In 14 cases, directions have been issued for further reinvestigation but the same are pending.
• In about 2/3rd of the total cases i.e. 192 out of 295, the investigation is still in progress.

Furthermore:

• In FIRs registered way back in the year 2008 under the PCA, information from the relevant record could not be procured by the investigating agency in last 12 years.
• The oldest FIRs pending for investigation pertains to the year 1998 as the relevant information is not being furnished by the offices concerned.
• In some cases, investigation is pending for the reason that information from the Bank is not forthcoming.
• In one case pertaining to the Engineering Department where FIR is pending consideration from 2013 onwards, the reason assigned is non-cooperation of the concerned department

Terming these reasons to be mere "excuses" the Bench said that the investigating agency is not helpless against the accused or the persons who are conniving and siding with the accused.

"The manner in which FIRs with serious offences are being taken up does not inspire confidence. In case the Anti-Corruption Bureau is facing difficulty on account of incompetence to investigate these FIRs, the Court be apprised of the same so that alternative means can be explored to ensure that these cases are brought to the logical end at the earliest and not buried under the carpet.

The reasons assigned for pendency of the investigation in the FIRs are flimsy, which no prudent person can accept especially from an agency which has been given the work of investigating serious crimes under the Prevention of Corruption Act. This is one of the reason that the corruption is rampant, as everyone knows that even if a case is registered, the same will not be taken to its logical conclusion for decades," the Bench remarked sternly.

For now, the Court has decided to contemplate alternative means to ensure that these cases are brought to their logical ends and has asked all the Courts, where such cases are pending, to take them up on priority.

It has also called for information on other criminal cases registered for heinous crimes, that have been pending for a long time.

The matter will now be taken up on November 11, 2020.

Related news: J&K HC Takes Suo Moto Cognizance On Pendency Of Criminal Cases In UT Due To Non Presentation Of Challans; Seeks Information On System Of Monitoring Of Investigation In FIRs

Case Title: Sheikh Mohd. Shafi & Anr. v. Union of India & Ors.

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