A bench of Justices DY Chandrachud and MR Shah of the Supreme Court on Friday slammed the CBI for delaying filing an appeal in a corruption case. While remarking that there is a probability of a modus operandi being adopted by officers to save the accused, the bench suggested that the new CBI Director ensure some mechanism to ensure delays in filing appeals do not occur in future. Necessary administrative action should be taken to ensure that filing of appeals and other steps are monitored on an ICT platform, it added.
The court was hearing a special leave petition filed by the Centre against a judgment dated June 26, 2019, of the Chhattisgarh High Court by which the November 2012 decision of the Special CBI Judge, Raipur, convicting the respondents under Sections 120B, 420 of the Indian Penal Code and other sections of the Prevention of Corruption Act was reversed, and the respondents were acquitted. The appeal against the High Court judgement was filed after a delay of 647 days, and the application for condonation of delay did not give a solid explanation, the bench noted. While adding that this is not acceptable, the court also refused to entertain the CBI's contention that the delay was due to the pandemic.
Though Additional Solicitor General Aishwarya Bhati urged the court to consider the case based on its merits, the bench retorted, asking why the appeal was not filed promptly if it was such a serious matter. "The CBI must take all necessary steps to ensure that these kinds of delays do not occur in the future. Delays are liable to cause grave misgivings on reasons for delay," the bench remarked.