Calcutta High Court (Appellete Side)
Central Bureau Of Investigation ... vs Shri Sukumar Pal on 19 July, 2021
19.07.2021
05
suman
Ct. 42
CRMSPL 3 of 2021
With
CRAN 1 of 2021
(Via Video Conference)
In the matter of:
Central Bureau of Investigation (CBI), Anti-Corruption
Branch (ACB)
Vs.
Shri Sukumar Pal
Mr. Phiroze Edulji
Mr. Samrat Goswami
...for CBI
Mr. Prosenjit Mukherjee
Mr. Arghya Kamal Das
Mr. Saptarshi Chakraborty
...for the opposite party
Central Bureau of Investigation (CBI) considers itself to be
a special kind of litigant, entitled to get all sorts of privileges
in spite of explicit bar of Statute. It has practically taken as
granted that appeals or special leave to file appeals shall be
accepted by condonation of delay treating C.B.I. as a
privileged litigant, immuned from all statutory obligation.
Background
of the above observation is narrated below
date wise. The learned trial Court by a judgment dated 30 th
November, 2018 acquitted the opposite party No.1 in Special
Case No.13 of 2012 arising out of RC06(A)/2003 of Central
Bureau of Investigation (CBI), Anti-Corruption Branch (ACB),
Kolkata. Subsequently, the C.B.I. filed an application being
CRMSPL 3 of 2021 after the expiry of limitation by 752 days.
This application is for condonation of delay. It is
submitted by the CBI in its application that the CBI received
the certified copy of the impugned judgment and order dated
31st December, 2018 and the comments of the learned Public
Prosecutor on 4th January, 2019 who was of the opinion that
an appeal should be preferred against the impugned
judgment and order of acquittal. Thereafter, the file was
placed before the comment of the Superintendent of Police,
CBI on 15th January, 2019. The Head of the Branch CBI,
ACB, Kolkata and Deputy Legal Advisor, CBI submitted their
comments after a lapse of more than eight months on 11 th
September, 2019 and 27th September, 2019 respectively. The
Joint Director, CBI, Kolkata Zone, however, immediately
transmitted the case record with his recommendation for
filing criminal appeal to the Additional Director, CBI, New
Delhi on 1st October, 2019. The Additional Director, CBI
marked the file to the Director of Prosecution on 4 th October,
2019 and subsequently the file was placed before the
Assistant Legal Advisor (Headquarters), CBI, New Delhi on 9 th
October, 2019. The Director of the Prosecution, CBI has
endorsed the said recommendation of Assistant Legal Advisor
(Headquarters) after a lapse of about four months on 14 th
February, 2020. Then Additional Director, CBI placed the file
to the Director, CBI on 19 th February, 2020. On 20th
February, 2020 the CBI accorded approval to file criminal
appeal against the impugned judgment dated 30 th January,
2018 passed by the learned trial Judge. This note was
addressed to the Joint Secretary, Department of Personnel
and Training (Government of India) on 19 th March, 2020. He
again sat tight over the matter till 16th September, 2020 and
only on that date he found time to grant approval for filing
the appeal. The said order of approval was received by the
Branch Office at Kolkata on 24 th September, 2020. Finally,
the appeal was filed on 19 th February, 2021. In the meantime,
the period for filing special leave to appeal expired and there
was delay of 752 days.
The opposite party has filed an affidavit-in-opposition and
raised vehement objection against the prayer for condonation
of delay.
I have heard Mr. Samrat Goswami, learned advocate for
the CBI and Mr. Mukherjee, learned advocate for the opposite
party.
It is very unfortunate that an organized force like CBI who
is entrusted to conduct investigation and prosecution against
most serious offences of the country takes the Court's
business in a very negligent and lackluster manner. The CBI
officers must know about the time limit to file a special leave
petition to file an appeal before this Court. The certified copy
of the impugned judgment was received by the CBI within a
month. Thereafter, the delay was mainly caused by the Head
of the Branch, CBI, ACB, Kolkata and Deputy Legal Advisor,
CBI to give their comments and they took about eight months
to give their comments as to whether special leave petition to
file an appeal should be filed or not. Again the Director of
Prosecution, CBI took about four months to make necessary
recommendation in favour of the CBI officers for filing a
special leave to appeal. Finally the Joint Secretary,
Department of Personnel and Training, Government of India
gave approval to file an appeal against the impugned
judgment on 16th September, 2020 i.e. after a lapse of about
six months from the date of receiving the record on 19 th
March, 2020.
This Court is of the view that the officers at the higher
level of CBI should dispose of the files expeditiously taking
into consideration the period of limitation. They should not
sit tight over the matter. They are not privileged litigants
whose prayer may be allowed at any point of time. It appears
from the application under Section 5 of the Limitation Act
that the delay was mainly caused as the Head of Branch,
CBI, ACB, Kolkata and Deputy Legal Advisor, CBI failed to
give their comments within a reasonable period of time and
sat tight over the matter for about eight months or more and
again due to the same act or omission committed by the Joint
Secretary, Department of Personnel and Training,
Government of India in giving the final approval. However,
this Court is of the view that the right to appeal by the CBI
should not be refused due to unfortunate and negligent act
on the part of certain officers of the CBI. Therefore, this Court
is inclined to condone the delay in filing the Special Leave for
appeal subject to payment of cost of Rs.30,000/- to be paid
by the head of Branch, CBI, ACB, Kolkata, Deputy Legal
Advisor, CBI, Kolkata and Joint Secretary, Department of
Personnel and Training, Government of India, New Delhi at
the rate of Rs.10,000/- each.
Such payment shall be made to the High Court Legal
Services Authority personally by the officers from their pocket
within thirty days from the date of this order. If the
concerned officers fail to make such payment to the High
Court Legal Services Authority within the stipulated period of
time CRMSPL 3 of 2021 shall be treated to be dismissed
without further reference to this Bench.
(Bibek Chaudhuri, J.)
