Prosecution in Corruption Cases
It has been frequently observed that investigating agencies do not send complete proposals of sanction for prosecution and processing of cases are delayed due to unavailability of requisite documents. During the last one year at least 12 such incomplete cases have been received. Incomplete cases have been submitted by CBI as well as state vigilance/investigating agencies of different states.
Department of Personnel & Training has circulated Hon’ble Supreme Court’s guidelines in judgement of Criminal Appeal No.1838 of 2013 to all Chief Secretaries of State Governments & all Ministries/Departments of Government of India & Central Bureau of Investigation vide this Department’s letter No.142/15/2015-AVD.I dated 26.03.2015. It has been mentioned in guidelines that the prosecution must send the entire relevant record to the sanctioning authority including the FIR, disclosure statements, statements of witnesses, recovery memos, draft charge sheet and all other relevant material. In order to curb the delay, DoP&T has switched over to Single Window system with effect from 01.08.2014 for receiving prosecution sanction proposals in the Department as per the revised check-list.
CBI/State investigating agencies cite different reasons for not submitting the relevant papers in individual cases.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri A. Arunmozhithevan in the Lok Sabha today.