The judgments of courts remain merely "judgements". Decision in Vineet nararin's case is still a day dream. How can one expect that another judgment( repetition of the same) may prove a milestone ? Judgement in Bhajanlal's case in respect of FIR is still a judgement. Judiciary in India functions under pressure for ignoble motives that is the root of problem for common man.
On Tue, May 14, 2013 at 6:09 PM, <rti4empowerment@yahoogroups.com> wrote:
1 New Message
Digest #1748
Message
Tue May 14, 2013 3:43 am (PDT) . Posted by:
"Amitabh Thakur" amitabhth
PIL as regards control over investigative agencies
In the wake of the National events where the Hon'ble Supreme Court statement on CBI as a caged parrot is being debated all over the country and the Hon'ble Supreme Court is looking into the possibilities and ways of completely freeing CBI from any extraneous influence,. finding that much more is possibly wanted in Uttar Pradesh, I and my wife Nutan today filed PIL in the Hon'ble Allahabad
High Court, Lucknow Bench as regards the current situation about the investigations and enquiries carried by various premier investigative
agencies of Uttar Pradesh including Vigilance Establishment, CB-CID, Economic
Offences Wing (EOW), SIB Cooperative and Anti Corruption Organization (ACO).
The petition
says that investigations and enquiries of criminal cases are done as per the
provisions of the Criminal Procedure Code (CrPC). Under the CrPC, complete
responsibility and powers for criminal investigation lies in the investigating
officer and his superior police officers. It is expected that the enquiry officer will present the
facts directly to the Court. As against this, the established rule in UP is that after completion of their enquiries by these investigation agencies, the Vigilance
Establishment presents its enquiry to the Vigilance Department and the other
agencies to the Home Department of the State Government, who take the final
decision.
As per the petition, this current system seems to be against the existing criminal laws
as prescribed in CrPC and thus it definitely increases the possibility of external unwarranted influence.
The petition presents in details the Hon'ble Supreme Court order in Vineet Narain
vs Union of India and the recently undergoing Coalgate scam where the Hon'ble Supreme Court dwelt over the question of independence of investigative agencies to a great extent and directed for making CBI independent from any
external influence.
I quote from Vineet Narain case-
"Once
the Jurisdiction is conferred on the CBI to investigate an offence by virtue of
notification under Section 3 of the Act, the powers of investigation are
governed by the statuary provisions and they cannot be estopped or curtailed by
any executive instruction issued under Section 3(1) thereof. This result
follows from the fact that conferment of jurisdiction is under section 3 of the
Act and exercise of powers of investigation is by virtue of the statuary
provisions covering investigation offences. It is settled that statutory
jurisdiction cannot be subject to execute control."
Similarly in the coalgate scam, the Hon'ble Supreme Court order says-
"
In Vineet Narain, whilst acknowledging that overall control of the CBI
and responsibility for its functioning has to be in the executive, this
Court was of the view that in the matter of investigation, a scheme giving the needed insulation from extraneous
influences of the controlling executive was imperative. This Court noted that though the Minister who has been given
responsibility for the functioning of
the CBI has general power to review its working and give broad policy directions and he has also power to call for information regarding
progress of the cases being handled by the agency, but none of these powers would
extend to permit the concerned Minister to interfere with the course of investigation and prosecution in
any individual case."
The petition accordingly prays that investigative agencies of Uttar
Pradesh- Vigilance Establishment, CB-CID, EOW, SIB Cooperative and ACO be also directed
not to send their reports to the Government for approval but to take the final
decision at their own level so that the possibilities of external influences
get drastically reduced.
Would request to kindly provide over inputs/reaction on this
Amitabh Thakur
Lucknow
# 094155-34526
Attachments with this message:1 of 1 File(s)
__._,_.___
| Reply via web post | Reply to sender | Reply to group | Start a New Topic | Messages in this topic (1) |
.
__,_._,___
No comments:
Post a Comment