Saturday, December 7th, 2024

From caged parrot to pick and choose… why is the Supreme Court repeatedly hearing CBI and ED?

New Delhi: The Supreme Court had once called the CBI a ‘caged parrot’. It seems that this image of the central investigation agency has not changed in the eyes of the country’s Supreme Court. Rather, fingers are being raised on the methods of another central agency ED. Both the agencies, CBI and ED, which are investigating the allegation of changing the liquor policy for the scam in Delhi, are getting strong comments from the Supreme Court. First Delhi Deputy Chief Minister and Aam Aadmi Party (AAP) bigwig Manish Sisodia, and then Bharat Rashtra Samiti (BRS) leader K. Kavita, while granting regular bail in the same case, the Supreme Court raised questions on the functioning of the investigating agencies. The questions and comments of the Supreme Court must be putting enough pressure on the CBI and ED that they consider changing their working methods. The question is whether these two central investigation agencies will learn a lesson for the future?

CBI-ED reprimanded again

The Supreme Court on Tuesday questioned the methods of ED-CBI in the investigation of the alleged liquor scam in Delhi. The bench of Justice BR Gavai and Justice KV Vishwanathan in oral comments slammed the methods of ED-CBI. The bench even said that the agencies adopt a ‘pick and choose’ policy from witnesses to accused, which is discriminatory. It said that in the case of K. Kavitha, ED-CBI relied on the statements of selected witnesses and witnesses who had gone to the government’s side so that it could easily frame charges.

The prosecution should be impartial. The person who has confessed his/her crime was made a witness. Tomorrow if you like someone, you can choose him/her and if you don’t like him/her, you can leave him/her. You cannot choose or leave any accused. What kind of impartiality is this? Such a situation is very sad. If he/she has any role, it is similar to that of K. Kavitha. So it is clear that you are choosing one and leaving the other.

Supreme Court reprimanded CBI-ED

If the pick and choose comment hurts you, then surely

Justice Gavai said, ‘You cannot pick and choose an accused. If you look at the statements of the approver, his/her (Sharad Reddy’s) role (in the alleged scam) is also similar to Kavita. The prosecution should be fair. You cannot pick and choose anyone. Is this fairness? A person who incriminates himself despite being a witness (but is not prosecuted)? Is this very fair and correct use of discretion?’ At the same time, Justice Vishwanathan raised the issue of relying on the statements of a co-accused to take action against an accused.

Justice Vishwanathan said, ‘If we look at the evidence against the petitioner (K. Kavitha) in view of the allegations against her, what is its significance in the eyes of law? How big a crime can this be? You cannot make such arguments. You have to collect other evidence and then investigate it thoroughly. We are leaving aside the retraction (of co-accused Arun Pillai’s statement) and are considering only the statement which has not been retracted from the legal point of view.’

…and Justice Gavai silenced the agencies

Justice Gavai also pulled up the ED and CBI for arguing on the bail plea as if the main trial was going on. he/she instructed the lawyers representing the CBI and ED that the hearing on the bail plea cannot go on for hours, so they should put their arguments in few words. The lawyers of both the agencies were repeatedly mentioning the evidence found during the investigation while arguing against granting bail to K. Kavitha. Then Justice Gavai, before reading the order, hinted that if they did not stop, comments would also be made on the behavior of the CBI and ED. he/she said in warning words, ‘(You would not want that) any comment should be made on the behavior of the agencies.’

Earlier, while granting bail to AAP leader Manish Sisodia, the Supreme Court had reprimanded both these agencies. The Supreme Court had said that the accused cannot be kept in jail for an unlimited time by delaying the trial. The court also said in Kavita’s case that the period of detention should not be so long that it proves to be a punishment in itself. The Supreme Court has already reprimanded both the agencies on the issue of delay in investigation to filing the charge sheet. In such a situation, the question arises whether CBI and ED will now change their working methods?

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