ASG To Be Empowered By CBI To Give Opinion On Filing Appeal , Suggests Calcutta High Court

The Calcutta High Court on Wednesday has suggested that the CBI empower the Additional Solicitor General (ASG)  to give an opinion to the agency on filing appeals challenging court orders to cut down on delay. Justice Bibek Chaudhuri gave the proposal when CBI Director-General S K Jaiswal was present via virtual mode during a hearing while counsel Anirban Mitra represented the CBI in the court physically.

Justice Chaudhuri asked  ASG S V Raju to take up with the agency his suggestion to which Raju replied that the central government will be informed of the suggestion made by the court.

Stating that inordinate delay occurs in all cases in which the CBI is filing appeals, the judge said that if the court allows all its prayers for condonation of delay, it may lead a common litigant to think that the agency is privileged. Asking why all orders have to be sent to the CBI head office in Delhi for consideration as to whether an appeal is to be filed or not in a matter, Justice Chaudhuri said that this leads to a file moving from table to table for clearances at different levels causing delays.

The ASG replied that a circular issued in March 2020 by the CBI authority has set timelines for the process of appeals and that disciplinary action is taken if there is a breach. He said that now it takes less than 30 days to decide on whether an appeal is to be filed or not. Raju also stated that the circular takes care of the anxieties expressed by the judge.

The court had on April 6 proposed an amendment of clause 21.9 of CBI (Crime Manual, 2022) by the CBI in its administrative authority empowering the ASG to the High Court to give his opinion as to whether an appeal should be filed against a judgment and order of acquittal or for enhancement of sentence and on the basis of the opinion given by the ASG, the zonal office may be permitted to file a memorandum of appeal within the period of limitation.