News Analysis India

Tag: CBI

  • CBI filed charge sheets against 96 higher officers in last over three years: Government in Lok Sabha

    By PTI

    NEW DELHI: The Central Bureau of Investigation (CBI) has filed charge sheets against 96 higher officers in the last over three years, Lok Sabha was informed on Wednesday.

    “During the period from 01.01.2018 to 30.06.2021, the Central Bureau of Investigation (CBI) has filed charge sheets in 84 cases against 96 higher officers under the jurisdiction of the Union government, including the officers selected by the Union Public Service Commission,” Minister of State for Personnel Jitendra Singh said in a written reply.

    Action, as appropriate is taken by concerned authorities in such cases, he said.

    The government was asked the details of the charge sheets filed in various courts in regard to corruption or other crimes committed by the higher officers under the jurisdiction of the Union government and the officers or employees selected by the UPSC.

  • Home Ministry recommends disciplinary action against former CBI director Alok Verma

    By PTI

    NEW DELHI: The Union home ministry has recommended disciplinary action against former CBI director Alok Verma for allegedly misusing his official position and violating the relevant service rules, officials said on Wednesday.

    They said the Ministry of Home Affairs (MHA) has written to the Department of Personnel and Training (DoPT), the nodal ministry for the Central Bureau of Investigation (CBI), to take necessary disciplinary action against Verma.

    The action, if approved, may include temporary or permanent forfeiture of Verma’s pension and retirement benefits, the officials said.

    ALSO READ: After removal as CBI chief, 8 phones of Alok Verma, kin listed for Pegasus snooping, claims report 

    During his stint in the CBI, Verma, a 1979-batch (retired) Indian Police Service (IPS) officer, was engaged in a bitter fight with Gujarat-cadre IPS officer and his deputy Rakesh Asthana over corruption charges.

    Both Verma and Asthana had accused each other of corruption.

    Asthana is the Delhi Police Commissioner now.

    “Verma has been accused of misusing his official position and violating service rules. Necessary action has been recommended against him by the home ministry,” a senior official said, requesting anonymity.

    The home ministry is the cadre controlling authority for IPS officers.

    The DoPT has forwarded the MHA’s recommendation to the Union Public Service Commission (UPSC), the recruitment body for IPS officers, the officials said.

    The UPSC needs to be consulted before imposing penalty on IPS officers, they said.

    Verma took over as the CBI chief on February 1, 2017 for a fixed two-year tenure.

    However, he was removed from the post on January 10, 2019 and posted as the director general of Fire Services, Civil Defence and Home Guards — a less significant portfolio.

    Verma did not accept the offer and wrote to the government, saying he should be considered as deemed superannuated as he has completed 60 years age of superannuation on July 31, 2017.

  • Dhanbad hit and run case: Jharkhand HC also expresses displeasure over delay in filing the FIR

    Express News Service
    RANCHI: To rule out any possibility of tampering with evidence in Dhanbad hit and run case that killed Additional District Judge Uttam Anand, the Jharkhand High Court directed CBI to start the probe immediately. While hearing the case on Tuesday, the Court also expressed displeasure over SIT’s statusreport, asking why it took so long for police to lodge the FIR.

    “In order to rule out any tampering with the evidence related to the case, the CBI must take over the case as soon as possible,” said the Court. It also directed the SIT to provide all documents and logistic support to the CBI.

    The CBI Counsel, however, informed the Court that he has already received the copy of the notification issued by the state government referring the case to the central agency. It will most likely take over the case by Wednesday, he said.

    Earlier during the hearing, the Court expressed displeasure over SIT’s status report and asked why it took so long to lodge the FIR? “The incident took place at 5:08 am, then why the FIR was lodged only at 12:45 pm?” asked the court.

    The Court also directed DGP Neeraj Sinha to make arrangements for providing security to the judicial officers in Dhanbad as they are not feeling safe after the incident. The DGP was directed to provide security at their residential premises as well.

    Later talking to the media, Dhanbad SSP Sanjeev Kumar informed that the investigation team have received permission for conducting four tests, including the brain mapping and narco-tests of the accused.

    “We have already been granted permission to conduct brain mapping and narco-tests for the two accused persons — Lakhan Verma and Rahul Verma,” said the SSP further adding that they “are trying to contact Gujarat Forensic Science Laboratory and will take further action as soon as we get dates from them.”

    On the question of interrogation of the family members of former MLA Sanjeev Singh’s close aide Ranjay Singh, who was recently killed by some unidentified criminals and his case was pending in the Court of ADJ Uttam Anand, the SSP said that different teams are investing the case will submit status report to the SIT. Only then, he would be able to say anything in this regard.

    Notably, a CCTV footage showing an auto-rickshaw intentionally hitting Additional District and Session Judge of Dhanbad, from behind on a deserted road had raised doubts over his death while he was on his morning walk schedule on Thursday.

    The incident took place near Golf Ground less than 500 meter from his house at Judge Colony of Hirapur, when he was out for his daily morning walk.

  • Court abates proceedings against ex-HP CM Virbhadra Singh in CBI and ED cases

    By PTI
    NEW DELHI: A Delhi court has abated the proceedings against former Himachal Pradesh Chief Minister Virbhadra Singh in two cases filed by the CBI and the ED respectively in relation to alleged disproportionate assets of over Rs 10 crore, in view of his demise.

    Special Judge Geetanjli Goel passed the order on August 2 after the counsel for Singh informed the court about politician’s death on July 8 and placed on record his death certificate.

    “An application has been filed by counsel for accused Virbhadra Singh stating that the accused has expired and placing on record the death certificate of accused. In view of the same, proceedings qua accused Virbhadra Singh stand abated,” the judge said.

    While in the corruption case lodged by the CBI, the court was scheduled to record the evidence, the money laundering case filed by the Enforcement Directorate (ED) was listed for framing of charge.

    The cases against other accused persons, including Singh’s wife Pratibha Singh, will continue.

    The veteran Congress leader and others had claimed innocence and said that instead of pleading guilty they would face trial.

    In the case filed by the CBI, the court had in February 2019 framed charges of alleged criminal misconduct and amassing disproportionate assets of over Rs 10 crore against Singh, and others, saying he intended to cause loss to the tax authorities by presenting unaccounted money as sale proceeds of apples.

    Apart from the two offences under the Prevention of Corruption (PC) Act, the court had said that prima facie charges of alleged forgery and attempt to cheat under the IPC were also made out against the former Union minister.

    The court had also framed charges against Pratibha Singh, and seven others for allegedly abetting in the offences.

    The other seven accused are LIC agent Anand Chauhan, Chunni Lal Chauhan, Joginder Singh Ghalta, Prem Raj, Vakamulla Chandrasekhar, Lawan Kumar Roach and Ram Prakash Bhatia.

    The punishment for the offences of criminal misconduct and disproportionate assets under the PC Act range between one to seven years jail term, forgery under IPC entails a maximum of two years imprisonment and the offence of cheating could lead to a maximum sentence of seven years.

    CBI had registered the case against Singh and others for allegedly amassing assets worth around Rs 10 crore disproportionate to their known source of income when he was the Union Minister in the UPA government.

    A charge sheet running into over 500 pages, filed in the court, claimed that Singh had amassed assets worth around Rs 10 crore which were disproportionate by 192 per cent of his total income during his tenure as a Union Minister.

    The final report, filed against nine people for alleged offences punishable under section 109 (abetment) and 465 (punishment for forgery) of IPC and Prevention of Corruption Act, arrayed around 225 witnesses and 442 documents.

    The ED had filed a case of money laundering against Singh and others based on the CBI case.

    The matter was transferred by the Supreme Court from the Himachal Pradesh High Court to the Delhi High Court, which on April 6, 2016 had asked the CBI not to arrest Singh and had directed him to join the probe.

  • Bengal post-poll violence: CBI probe into serious crimes sought in HC

    By PTI
    KOLKATA: Petitioners seeking an independent probe into the alleged post-poll violence in West Bengal on Monday prayed before the Calcutta High Court that it hand over the investigation of serious crimes like rape and murder to the CBI as per the NHRC enquiry committee’s recommendation.

    The lawyer representing the state police opposed the prayer for CBI investigation claiming that the report of the panel formed by the NHRC chairperson on a direction by a five-judge bench of the high court was baseless and politically motivated.

    Citing the NHRC committee’s report wherein it was stated that complaints were not registered in several cases and “inept performance of local police”, senior advocate Mahesh Jethmalani, representing one of the petitioners, prayed for handing over the investigation to the CBI as per the report.

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    He submitted that the state’s claims on violence and crimes against women do not match the findings of the committee, which he said are much higher than the government’s figures.

    Appearing for the state police, senior advocate Kapil Sibal submitted that the report was biased and that some of the members of the committee were linked to the BJP.

    In its final report submitted on July 13 before the five-judge bench, the committee had said, “This was retributive violence by supporters of the ruling party against supporters of the main opposition party”, and recommended a CBI probe into “grievous offences like rape and murder”.

    Praying for their addition as parties in the matter, lawyers representing state Forest Minister Jyotipriyo Mallick and Trinamool Congress MLA Partha Bhowmick submitted that without interacting with them, the NHRC committee had put names resembling theirs in a list of “notorious criminals” in an annexure to its report.

    The bench comprising Acting Chief Justice Rajesh Bindal and justices I P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar directed that hearing of the PILs will continue on Tuesday.

  • Court upholds CBI’s probe that ruled out foul play in Unnao rape survivor’s accident

    By PTI
    NEW DELHI: A Delhi court has upheld the investigation conducted by the Central Bureau of Investigation (CBI) that had ruled out any foul play in the Unnao rape survivor’s accident in 2019.

    In 2019, the rape survivor, her family, and lawyer were travelling in a car when it was hit by an overspeeding truck in Rae Bareli, killing two aunts and leaving her and the advocate critically injured.

    Pursuant to this, a murder case was filed against expelled BJP MLA Kuldeep Singh Sengar, who was also awarded life-term imprisonment for raping the minor survivor, and nine others after her family filed a complaint alleging “conspiracy” behind the accident.

    Dismissing these allegations, District and Sessions Judge Dharmesh Sharma held that the objections of the complainant party read like an engrossing thrilling story but were based on mere surmises and conjectures.

    He further said that there are no grounds to suspect the fidelity, accuracy, and sincerity of the investigation conducted by the CBI and that the agency came out with a plausible version of the incident.

    Notably, the investigating agency had concluded that there was no evidence regarding criminal conspiracy hatched between those named in the FIR, including Kuldeep Sengar, and the truck driver or the cleaner or for that matter owner of the offending truck.

    Upholding the probe, the judge stated in an order dated July 31, “I have no hesitation in holding the findings of the CBI in the chargesheet, that there is no case against the accused persons so as to take cognisance and proceed against them under Section 302 (murder) and 307 (attempt to murder) read with Section 120B (criminal conspiracy) of the Indian Penal Code (IPC), cannot be faulted.

    ” The sessions judge, however, framed charges against the truck driver for causing death by negligence and doing an act to endanger human life, besides framing charges of criminal intimidation against Sengar and his associates.

    Besides this, on December 20, 2019, Sengar was sentenced to jail for the “remainder of his natural biological life” in a separate case for raping the minor in 2017.

    On March 4, 2020, Sengar, his brother, and five others were also convicted for the death of the rape survivor’s father in judicial custody and were sentenced to 10 years imprisonment.

  • Jharkhand CM Hemant Soren recommends CBI inquiry into Dhanbad Judge murder case

    By Express News Service
    RANCHI: After two days of hullabaloo among the legal fraternity, Chief Minister Hematn Soren on Saturday finally recommended CBI inquiry into the alleged hit and run case, which took place early in the morning on Wednesday, leaving Dhanbad District and Additional Judge Uttam Anand dead.

    Official sources confirmed that that CM Soren has given his approval on the recommendations of the State Home Department.

    “The case, related to the death of Dhanbad District and Additional Judge Uttam Anand, has been handed over to the CBI on the recommendations of Chief Minister Hemant Soren,” stated an official communiqué from the Chief Minister’s Office. 

    The decision was taken after a day when CM Soren met family members of deceased Judge, during which he assured them that the State Government was serious on the issue of investigations and it is their priority to bring justice to him.

    Earlier on Thursday, the Jharkhand High Court took suo-motto cognizance on the matter calling it a direct attack on judiciary. The shocking incident was also brought to the notice of the court on Thursday morning by Supreme Court Bar Association President Vikas Singh, who demanded a CBI inquiry into the matter.

    The Jharkhand High Court, during the hearing had said that, “If the court feels that the investigations are not being done properly, the case may be handed over to CBI at any point of time.”

    Later on Friday, the Supreme Court also took suo-moto cognizance seeking detailed report from the Chief Secretary and Director General of Police. So far, two persons – Lakhan Verma and Rahul Verma have been arrested and the auto-rickshaw, which was used to run over the judge, has been recovered from Giridih. An FIR under section 302 of IPC was registered in Dhanbad Police Station.

    Meanwhile, a 22-Member Special Investigation Team (SIT), headed by ADG (Operations) Sanjay Anand Latkar was formed on Friday to expedite the investigations into the case, According to Jharkhand Police Spokesperson and IG (Operations) CID and Forensic teams have also been roped in to assist the SIT.

    Notably, a CCTV footage showing an auto-rickshaw intentionally hitting Additional District and Session Judge of Dhanbad, from behind on a deserted road has raised doubts over his death while he was on his morning walk schedule. The incident took place near Golf Ground less than 500 meter from his house at Judge Colony of Hirapur, when he was out for his daily morning walk during which, an unidentified four wheeler hit him.

  • SC asks CBI to take administrative steps to ensure no delay in filing of appeals

    By PTI
    NEW DELHI: The Supreme Court has directed the CBI to take necessary administrative steps to ensure no delay in filing of appeals and said an IT-based monitoring mechanism should be adopted to facilitate proper supervision.

    Noting that there was a delay of 647 days in filing a petition by the probe agency against a Chhattisgarh High Court order in June 2019, the apex court observed that the explanation given by the CBI was “clearly insufficient”.

    The court dismissed on the grounds of delay the CBI plea against the acquittal of accused in a corruption case.

    “The CBI is directed to take all necessary administrative steps to ensure that these kinds of delays do not occur in future. Delays in the part of the concerned officials in moving the appeals within the stipulated period of limitation is liable to cause grave misgivings on the reasons of delay,” a bench of justices DY Chandrachud and MR Shah said in its order last week.

    It said the proposition that the delay was caused by the onset of Covid do not explain the entire period of delay as the high court had delivered the verdict in June 2019 while the pandemic started in March 2020. The bench said the court must have due regard to the nature of explanation in determining whether a case for condoning the delay in filing the special leave petition is made out.

    “We, therefore, direct that necessary administrative steps be taken by the CBI to ensure that the filing of the appeals and other steps required in law is duly monitored, preferably on an ICT (information and communications technology) platform so that such delays do not occur,” the bench said, while dismissing the plea on the ground of delay.

    It also observed that a mechanism involving ICT should be adopted to facilitate proper monitoring and supervision. The bench was hearing a plea filed by the CBI against the high court verdict which had acquitted the accused in a corruption case.

    The high court had delivered its verdict on a batch of appeals filed by the accused, who were convicted and sentenced in November 2012 by a trial court in Raipur for the alleged offences under various sections of the Indian Penal Code, including those related to cheating and criminal conspiracy, and under the provisions of the Prevention of Corruption Act.

    The high court had reversed the trial court order and acquitted the accused.

  • Maharashtra govt not cooperating in probe against Anil Deshmukh: CBI tells Bombay HC 

    The CBI on April 21 this year registered an FIR against Deshmukh on charges of corruption and misuse of official position.

  • CBI opposes Chhota Rajan’s bail plea in Bombay HC, says he has no respect for country’s laws

    By PTI
    MUMBAI: The Central Bureau of Investigation opposed Chhota Rajan’s bail plea in the Bombay High Court on Wednesday and said the gangster had no respect for the country’s laws.

    Special Public Prosecutor Pardeep Gharat told a single bench presided over by Justice Anuja Prabhudesai that Rajan had multiple cases pending against him and was convicted and sentenced in a host of other cases.

    Gharat urged the high court not to grant bail to Rajan, saying the gangster was a “Z plus security threat”.

    He said Rajan had fled India and travelled to several other countries on fake names and passports before he was finally arrested and extradited to India in November 2015. Rajan was extradited from Indonesia in 2015 and has been in judicial custody at the Tihar prison in New Delhi since then.

    Gharat was making submissions opposing an interim application filed by Rajan, seeking bail in a case of attempt to murder a hotelier.

    Rajan was sentenced to imprisonment for eight years in the case by a special court in Mumbai in 2019 under the Maharashtra Control of Organised Crime Act (MCOCA).

    However, Rajan’s counsel, senior advocate Sudeep Pasbola, told the HC that there was no credible evidence against the gangster in the case.

    “I (Rajan) have been convicted on the charge of conspiracy only. All the other accused persons in the case, including those who were actual assailants, have been out on bail, so I deserve parity,” Pasbola told the HC.

    “There is no direct evidence against me. Only a hearsay statement by two witnesses, which was not based upon their personal knowledge, was cited as evidence against me. These statements were based on information given by one of their co-accused, who is absconding,” Pasbola said.

    Gharat, however, told the HC that while Rajan was in the CBI’s custody in the case since April 2016, his co-accused, who were granted bail, were in custody since 2009. Besides, Rajan still had 14 to 15 cases pending against him, Gharat said.

    “The present applicant has no respect for the law of India. He absconded to various countries. He was travelling under fake name and fake passport. He was arrested after his real identity was discovered. And then, he was brought to India in 2015,” Gharat said.

    “He (Rajan) has 71 cases against him before the CBI…14-15 (cases) are still pending. He has been convicted and sentenced in 12 cases and awarded life imprisonment in one of these cases,” he said.

    Justice Prabhudesai directed the CBI to submit before the HC a copy of the FIR, the confessional witness statements in the case, and a list of Rajan’s criminal antecedents.

    The HC will continue hearing the plea after two weeks.

    On July 14, Justice Prabhudesai had admitted for hearing a bunch of pleas and interim applications filed by Rajan, seeking bail and challenging convictions in three cases.

    In two of these cases, Rajan, whose real name is Rajendra Nikalje, was convicted for attempt to murder.

    Rajan was sentenced to eight years’ imprisonment in the case of attempt to murder hotelier BR Shetty in August 2019.

    He has also challenged a special CBI court’s order sentencing him to two years’ imprisonment in January 2021 in a 2015 extortion case.

    He has also appealed against his conviction and sentence of 10 years, pronounced by a court in March this year, for attempting to kill builder Ajay Gosaliya.