SUPREME COURT OF INDIA
T.S. Thakur, C. Nagappan, JJ.
Subrata Chattoraj - Appellant
Versus
Union of India and Ors. - Respondents
I.A. No. 16 of 2015 (Application for modification/direction of order dated 9.5.2014) in Writ Petition (Civil) No. 401 of 2013
With
CBI - Appellant
Versus
Abdul Kalam Azad and others - Respondents
Special Leave Petition (C) No. 21834 of 2015
Decided on : 16.10.2015
Constitution of India - Article 21 – Lodged by the depositors before the Commissions of Inquiry - Record a statement indicating requirement - It put a question mark on role of regulators like SEBI and Reserve Bank of India - Investigation by CBI was in that backdrop held to be only effective method of bringing truth to light unearthing ramifications and bringing to book all those involved in scam – Held, Suffice it to say that CBI as a centrally control investigating agency cannot afford to lose the advantage of it being seen by citizens and Courts as a credible agency - It can ill-afford to do so on account of shortage of manpower or any other constraint - It is, therefore time for Central Government to direct a comprehensive revision of cadre strength of Central Bureau of Investigation and take immediate steps for filling up vacancies that are already sanctioned - In result we deem it fit to issue following directions - Central Government shall as expeditiously as possible but not later than two months from today take steps for a comprehensive revision of cadre strength of Central Bureau of Investigation established under Delhi Special Police Establishment (DSPE) Act, 1946. revision of cadre strength when ordered shall be completed within a period of four months from date Government issues the necessary directions - Pending comprehensive revision of cadre strength as per (1) above Central Government shall take immediate steps at appropriate level to fill up the available vacancies within the existing cadre - This would imply that Government attends to and processes on urgent basis all proposals currently pending at different levels of hierarchy to which court have made a reference in body of this order - Government of West Bengal shall as already directed forward a panel of 12 Deputy Superintendents of Police, 8 Inspectors, 20 Sub-Inspectors and 40 Constables to enable the CBI to select from out of the said panel, 6 Deputy Superintendents of Police, 4 Inspectors, 10 Sub-Inspectors and 20 Constables for deputation to CBI Courts are often hesitant if not reluctant, to transfer cases to CBI knowing fully well that its hands are full with large number of cases already transferred for investigation - But that can be no reason why the agency should not be fully equipped in terms of men and material both to take up investigations whenever called upon to do so either by Government or by Courts - In a democratic country like ours governed by rule of law citizens are entitled to not only expect but demand that investigations ought to be fair and effective as much as they ought to be quick and efficient - It is no answer to say that agencies hands are full of or that it does not have manpower to handle cases no matter circumstances justify or demand investigation by any agency from outside a given State - Petition disposed of
JUDGMENT :
T.S. Thakur, J.
Leave granted.
2. In Subrata Chattoraj v. Union of India & Ors. (2014) 8 SCC 768 this Court directed transfer of cases registered in different police stations in the State of West Bengal against Saradha Group of Companies and all such cases registered against any other company to the Central Bureau of Investigation for a fair and credible investigation including investigation if necessary into the larger conspiracy angle and the money trail involved in the commission of the offences. By the same order we had allowed Writ Petition © No. 413 of 2013 and Writ Petition © No. 324 of 2014 and directed transfer of cases registered against 44 other chit fund companies for a similar investigation. The cases involving chit fund deposits across several States in the eastern part of the country involved several companies, and a scam that was estimated to be over 20,00,00,000/- (Rupees twenty thousand crores) at the relevant point of time. As many as 25 lakhs claims were said to have been lodged by the depositors before the Commissions of Inquiry set up by the States of Odissa and West Bengal which too was indicative of the magnitude of the scam. The scam had inter-state ramifications apart from international money laundering dimensions involving several persons in public life. It put a question mark on the role of regulators like the SEBI and the Reserve Bank of India. Investigation by CBI was in that backdrop held to be the only effective method of bringing the truth to light unearthing the ramifications and bringing to book all those involved in the scam.
3. The CBI has pursuant to the directions issued by this Court taken over the investigation of the cases in question and made significant headway towards completion of the same. While the investigation was still in progress Writ Petition No. 15 of 2013 was filed in public interest by the respondents in which they prayed for transfer of a large number of other cases to the CBI on the analogy of the order passed by this Court in Subrata Chattorajs case (supra). The High Court of Guwahati has, by order dated 8th May, 2015, disposed of the said writ petition with a direction to the Central Government to issue a notification transferring all chit fund cases registered in the State of Assam to the Central Bureau of Investigation with a direction to the CBI to investigate the said cases. Further investigation in terms of Section 173(8) of the Code of Criminal Procedure where charge-sheets have already been filed have also been directed by the Court. The present appeal filed by the CBI assails the correctness of the said direction. The CBI has at the same time filed IA No. 16 of 2015 in Writ Petition © No. 401 of 2013 (Subrata Chattoraj v. Union of India & Ors.) in which it has prayed for modification of our order dated 9th May, 2014 to the following extent :
"i) That the CBI may be permitted to undertake the investigation for only 70 FIRs in relation to non-Saradha Group Companies. In all other cases pertaining to non-Saradha Group Companies in the State of West Bengal i.e., other than those 70 FIRs where CBI has registered 9 cases, these may kindly be directed to be continued/pursued in accordance with law by the local police of West Bengal. It may be directed by this Hon'ble Court that the CBI need not take up other cases in the State of West Bengal.
The local State Police of Orissa and West Bengal are continuing to receive complaints regarding Chit Fund frauds even after 9.5.2014, i.e. the date of the judgment of this Hon'ble Court. In all those cases, there is neither any direction nor is there any requirement for the CBI to take up investigation in all FIRs which are registered by the State Police authorities in the State of WB after 09.05.2014. Therefore, a clarification/direction deserves to be issued by the orders of this Hon'ble C
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