Delhi High Court Justice Mukta Gupta has granted four more months to CBI to complete investigation into bribery and corruption case registered against former Special Director CBI Rakesh Asthana, former DSP Devender Kumar & Manoj Prasad.
Courts direction came on application filed by CBI seeking extension of time for completing the investigation. In the background of the case, former Special Director CBI Rakesh Asthana, former DSP Devender Kumar & Manoj Prasad had filed a petition before court seeking quashing of the FIR registered against them by CBI alleging Bribery & Corruption charges.
On 11 January 2019, the Court had declined the relief sought by the petitioners and directed CBI to conclude the investigation in a particular time frame. However, while concluding, Court in the interest of justice held that the investigations must come to an end as soon as practicable and thus the CBI was directed to conclude the investigation in 10 weeks from the date of order i.e. 11th January, 2019. Since the investigation could not be completed in the time frame given, CBI filed the three applications seeking extension of time to complete the investigation. In the present case though the petitioners/non-applicants had sought the relief of quashing of the FIR however, the said relief was declined and Court directed the CBI/applicant to conclude the investigation in a particular time frame which direction was in the nature of a mandamus to the CBI to conclude its administrative act in the time granted
On May 22 Delhi High Court had reserved order on the application of CBI seeking extension of time to investigate bribery allegations against CBI 2 Rakesh Asthana and Devender Kumar. The CBI had sought further six months time to investigate. During the hearing, CBI narrowed its time frame to four months.
“As held by the Hon’ble Supreme Court in P. Ramachandra Rao (supra) a fair, just and reasonable procedure implicit in Article 21 of the Constitution of India creates a right for the accused to be tried speedily and the right to speedy trial encompasses all the stages including the stage of investigation. However, the courts cannot prescribe periods of limitation beyond what is prescribed and such time limits cannot and will not be treated by themselves by the courts as a bar to further continuance of the trial or proceeding, mandatorily obliging the courts to terminate the same and acquit or discharge the accused. Similarly, an incomplete investigation can also have the effect of terminating the proceedings and it would be thus in the interest of justice to grant further time for investigation,” said DelhiHC
“the respondent CBI is neither seeking review nor recall of the earlier order but seeking further time to conclude the investigation thereby giving effect to the order dated 11th January, 2019 passed by this Court, this Court deems it fit to allow the three applications filed by the CBI. CBI is granted four months’ further time to conclude the investigation,” said Delhi High Court.
#DelhiHC Justice Mukta Gupta has granted four months to CBI to complete its investigation in the case registered against former Special Director Rakesh Asthana & DSP Devender Kumar.
— India Legal (@indialegalmedia) May 31, 2019
-India Legal Bureau