New Delhi: CBI Director Ranjit Sinha and other top officers of the agency have been directed by a Delhi court to furnish written explanations and file action taken reports against "erring officials" who did not follow the prescribed law in conducting searches in a corruption case.
The order came in a case in which CBI has recently filed an FIR against unknown officials of the Research and Analysis Wing (RAW) and a private firm for alleged irregularities in supplying high-altitude tents to a covert unit of the external intelligence agency.
Special CBI Judge Gurvinder Pal Singh said despite clear directions to the officials to follow the law prescribed under provisions of the Code of Criminal Procedure while conducting searches, there was a "flagrant violation" of it and even mandate of legislature was not adhered to.
"Copy of this order be given dasti to IO (investigating officer) and one copy each of this order be given to naib court...To be delivered in the offices of SP concerned of CBI, DIG concerned of CBI as well as worthy Director of CBI for furnishing written explanations and the Action Taken Reports (ATR) against erring officials in terms of the law laid and procedure established, within 10 days hereof for such flagrant violations of salutary provisions...As well as for non-recording of appropriate statements of witnesses of search till date," the court said.
"Despite clear directions to follow mandate laid in section 100 of the Code of Criminal Procedure (CrPC), elicited in detailed above, the mandate of legislature was not adhered but put to winds. There is flagrant violation of section 100 of the CrPC, 1973," it said.
Section 100 of the CrPC deals with the procedures to be followed by a police official while conducting search of a closed place.
According to the CBI sources, an FIR in the case has been lodged against Sai Baba Builders and Consultants and its three directors Shyam Sunder Bhatter, J P N Singh and Manjari who is the wife of businessman S P Singh.
The case has been registered under relevant provisions of the IPC related to cheating, forgery and others and under various sections of the Prevention of Corruption Act.
The case is related to alleged corruption in the supply of high altitude tents worth Rs 22 crore required by Special Frontier Force (SFF), a covert unit operating RAW, during 2009-13.
In its order, the court said that on October 21, three search warrants were issued on the request of the CBI but it was made clear that the agency officials conducting search and seizure shall comply with all procedures laid in the CrPC.
The judge observed that supplementary case diaries filed by the IO simply mention that search team had made efforts to take witnesses from the locality for the purpose of witnessing search during the probe but it did not yield any result.
"The search team of CBI had at their elbow sufficient manpower to comply the elicited mandate of law. By afore elicited mention of non joining of independent witnesses, simple lip service has been done to show efforts made to comply (with) section 100 of the CrPC," the court noted.
"No witness of neighbouring locality (where searches were conducted) was even requested (to join the searches). It is not the case of investigating agency that the places of search were secluded from any localities," it said.
The court observed that "omission" on the part of the IO and officials conducting search to join independent persons of locality to witness the search and recovery was "apparent on the face of record making apparent the flagrant violations of salutary provisions contained in sub sections (4) and (8) of Section 100 of the CrPC, 1973".
CBI has lodged the FIR in the case after it had received a reference from the Prime Minister's Office which wanted a probe in the matter. RAW had carried out an internal probe in the matter in which prima facie irregularities were found.
The report was sent to the PMO which referred it to CBI for further probe. SFF was set up after the 1962 Indo-China war to carry out specialised operations for RAW.
