In a rare move, the Delhi High Court overturned a lower court’s decision, granting the CBI custody of its own officials accused of accepting bribes. The court emphasized the potential for a widespread conspiracy and the importance of custodial interrogation.
BY PC Bureau
New Delhi –April 28: In a highly unusual turn of events, the Delhi High Court has directed that three officials from the Central Bureau of Investigation (CBI) be remanded to the custody of their own agency, in connection with a corruption case. The court’s decision underscores the severity of the allegations, which it described as deeply concerning.
Justice Neena Bansal Krishna, in an order issued on April 25th, stated that the case revealed “rampant corruption” within key investigative bodies, including the CBI and the Enforcement Directorate (ED). The court emphasized that such corruption “shakes the entire edifice” of the executive and the investigative machinery, whose primary duty is to bring criminals to justice.
The court’s order highlighted that the complaint indicated a “large conspiracy” involving officials from various departments who allegedly accepted bribes to provide undue advantage, influence investigations, and interfere with departmental functions.
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Live law quoted Justice Neena Bansal Krishna as saying, “It is one of the unique cases of rampant corruption in CBI, ED and such other Departments, which shakes the entire edifice of our Executive and the Investigating machinery which have the primary duty of investigations in crime and bring the culprits to face the Penalty Corruption. From the averments made in the Complaint it emerges that it is not one stand alone case of corruption by the Government official, but it reflects a large conspiracy amongst the officials of various Departments who have in a nexus and take bribes for giving undue advantage to the approaching party or even to impact and interfere in the fair investigations and the functioning of these Government Department. The investigations are still at an infancy and to unearth this larger conspiracy, the interrogation of the three accused is imperative.”
The High Court’s order came in response to a plea filed by the CBI, challenging a trial court’s decision that had denied the agency custody of the accused officials.
The case originated from a complaint alleging that the accused CBI officials demanded a bribe of ₹50 lakh to “settle” two cases involving the complainant, which was later reduced to ₹35 lakh. The complainant further alleged that an official in the Finance Ministry demanded ₹50,000 to influence ED officers in a separate case.
According to reports, one of the CBI officials was caught red-handed accepting a bribe of ₹3.5 lakh from the complainant, allegedly on behalf of another official. The Finance Ministry official allegedly received ₹50,000 through Google Pay.
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On April 10th, the trial court had remanded the accused individuals to judicial custody, and on April 15th, it rejected the CBI’s request for their custodial interrogation.
The CBI, in its appeal to the High Court, argued that the case involved senior CBI officials attempting to manipulate the agency’s investigations, and that a thorough investigation was crucial due to the potential for far-reaching consequences.
The High Court, in its order, emphasized that the investigation was still in its early stages and that custodial interrogation of the three accused was essential to uncover the full extent of the conspiracy. The court also dismissed concerns that the interrogation was intended to extract confessions, stating that those accused of serious offenses could not be allowed to obstruct the administration of justice.
