The Supreme Court said probe agencies such as the Central Bureau of Investigation (CBI) suffered from the dearth of manpower and infrastructure that the judiciary too faced. Both were overburdened. “Everybody says ‘CBI, CBI’… We don’t want to demoralise the investigative agencies. They are overburdened… Similarly, one trial court handles 1,000 cases. How do you expect them to function? We had asked for special courts to hear exclusively cases under specific legislation… but nothing,” Chief Justice of India (CJI) N.V. Ramana, heading a Special Bench of three judges, remarked orally.
The Bench, including justices D.Y. Chandrachud and Surya Kant, was hearing a petition about the hundreds of criminal cases pending against MPs and MLAs, both sitting and former, for years together. Some of these cases, investigated by agencies such as the CBI and the Enforcement Directorate (ED), have been pending for over a decade.
A report submitted by the court’s amicus curiae, senior advocate Vijay Hansaria, assisted by advocate Sneha Kalita, said 51 MPs and 71 MLAs were accused of offences under the Prevention of Money Laundering Act (PMLA), 2002. Similarly, out of the 121 cases pending trial against MPs and MLAs before the CBI courts across the country, 58 were punishable with life imprisonment. In 45 cases, even the charges have not been framed, though the offences were alleged to have been committed several years ago.
A total of 37 CBI cases against legislators were continuing in the stage of investigation for years on end now. One of these cases, according to the CBI, was “expected” to be completed by 2030, the report said. In some cases, you have not filed a chargesheet in 10 or 15 years… In one case, you have attached assets worth over 2200 crore, but not filed a chargesheet. Simply attaching property will not serve any purpose,” Chief Justice Ramana addressed Solicitor-General Tushar Mehta, who appeared for both the CBI and the ED.
“The information given by the ED and CBI present a really, shocking, disturbing and gloomy picture,” Mr. Hansaria submitted. The Chief Justice reasoned with Mr. Mehta to complete the trial in these cases quickly rather than have them hanging over the heads of the accused like a Damocles sword. The Solicitor-General urged the Bench to pass a judicial order directing lower courts to complete the pending trial proceedings in a “mandatory time-bound manner”, possibly within the next six months. He submitted that in some cases, the High Courts intervened and granted stay of the trial.
But the CJI did not agree, saying the High Courts had stayed trial in only seven cases and the Supreme Court in one. Mr. Mehta then said ED cases were held up because they spanned to tax havens abroad, which refused to cooperate with investigations.
1. What according to the Supreme Court is the common problem of CBI & Judiciary?
I. Both have poor planning.
II. Both lack manpower.
III. Both have poor infrastructure.
IV. Both are overburdened.
(a) Only II and III
(b) I, II and III
(c) II, III and IV
(d) Only III and IV
2. What is the urge of the Solicitor-General to the Bench?
(a) To pass a judicial order directing lower courts to resolve the pending cases as soon as possible.
(b) To pass a judicial order directing lower courts to take proper action.
(c) To pass a judicial order directing lower courts to complete the pending trials within six months.
(d) To pass a judicial order directing lower courts to have an investigation for pending cases done within six months.
3. What is the purpose of the author?
(a) To show the deplorable condition of judiciary system.
(b) To blame the Supreme Court for not looking into the matter.
(c) To highlight the stats and show the actual reason of pending cases.
(d) To show his concern about the judiciary system.
4. “The information given by the ED and CBI present a really, shocking, disturbing and gloomy picture,” Mr. Hansaria submitted. Which of the following information given by the ED and CBI is Incorrect according to the passage?
(a) Total 37 CBI cases against legislators were continuing in the stage of investigation for the last 5 years.
(b) In 45 cases, even the charges have not been framed, though the offences were alleged to have been committed several years ago.
(c) One of the cases, according to the CBI, was “expected” to be completed by 2030.
(d) In one case assets amounting to 2200 crore have been attached but no charge sheet has been filed.
5. What is the statement of CJI?
(a) The allegation is baseless.
(b) ED cases were held up because they extended to tax havens outside India.
(c) The High Courts had stayed trial in only seven cases and the Supreme Court in one.
(d) The High Court presents a shocking, disturbing and gloomy picture.
Answers & Explanations
1. Ans. c
Sol. Option (c). In the first paragraph it is clearly written that — dearth of infrastructure, manpower and both are overburdened.
2. Ans. c
Sol. In the sixth para this fact has been mentioned – “The Solicitor-General urged the Bench to pass a judicial order directing lower courts to complete the pending trial proceedings in a “mandatory time-bound manner”, possibly within the next six months. Hence (c).
3. Ans. c
Sol. Option (c). From the passage it is clear that the author has tried to identify the actual reason of pending cases by citing lots of examples.
4. Ans. a
Sol. Option (a). This is incorrect as it is not mentioned in the passage that the investigation is on for 5 years.
5. Ans. c
Sol. It is clearly mentioned in the last para.
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