{"id":128737,"date":"2021-08-26T17:00:56","date_gmt":"2021-08-26T11:30:56","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=128737"},"modified":"2022-01-20T11:38:18","modified_gmt":"2022-01-20T06:08:18","slug":"cbi-ed-cant-keep-sword-hanging-over-accused-supreme-court","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/cbi-ed-cant-keep-sword-hanging-over-accused-supreme-court\/","title":{"rendered":"CBI, ED can\u2019t keep sword hanging over accused: Supreme Court"},"content":{"rendered":"

Source<\/strong>: Times of India<\/a><\/p>\n

What is the news?<\/strong><\/h5>\n

The Supreme Court recently stated that the investigation agencies (CBI, ED) should not keep the “sword hanging” over the accused and there must be time-bound completion of investigations<\/strong>.<\/p>\n

About the case:<\/strong><\/h5>\n

The Supreme Court is hearing a petition against the<\/strong> delay by the agencies in prosecuting MPs and MLAs<\/strong> in cases registered against them years ago.<\/p>\n

\"CBI,
Source: TOI<\/figcaption><\/figure>\n
About the delays in the investigation:<\/h5>\n
    \n
  1. As per the report filed by the amicus curiae, 51 MPs and 71 MLAs\/MLCs are accused in cases arising out of offences under the Prevention of Money Laundering Act, 2002.<\/li>\n
  2. A total of 121 CBI cases against MPs\/MLAs are pending before the court. Of these, 58 cases are punishable with death or life imprisonment. The oldest case is from 2000 and 37 cases are still under investigation.<\/li>\n<\/ol>\n
    Court observations about Issues with CBI and ED probes:<\/h5>\n
      \n
    1. The court refused to pass an order directing the agencies<\/strong> to complete the probe in all cases involving lawmakers within six months. The court cited two reasons for that,\n
        \n
      1. It would demoralize the investigating agencies.<\/strong><\/li>\n
      2. The lack of Judges in the Judiciary<\/strong> to conduct the trial if such order was pronounced.<\/li>\n<\/ol>\n<\/li>\n
      3. The Court asked for the Centre’s response on a suggestion to set up a monitoring committee<\/strong> to ensure that the probe is completed within a reasonable time<\/strong>. The committee will consist of the following members,\n
          \n
        1. Former SC judge or former HC chief justice<\/li>\n
        2. ED director (or his nominee not below the rank of an additional director),<\/li>\n
        3. CBI director (or his nominee, not below the rank of an additional director),<\/li>\n
        4. Home Secretary (or his nominee not below the rank of joint secretary),<\/li>\n
        5. A judicial officer not below the rank of a district judge to be nominated by SC.<\/li>\n<\/ol>\n<\/li>\n
        6. The bench also decided to have a meeting<\/strong> with CBI and ED to discuss the need for additional manpower and expansion of infrastructure<\/strong> to enable the agencies to complete their tasks in time.<\/li>\n<\/ol>\n

          Amicus curiae:<\/strong> An amicus curiae is someone who is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on whether to consider an amicus brief lies within the discretion of the court.<\/p>\n

          Terms to know:<\/strong><\/p>\n