In a push to ensure speedy disposal of corruption cases, the Supreme Court on Monday directed States to set up 15 sanctioned additional CBI courts within four months, failing which Chief Secretaries of the erring States will face contempt proceedings.
Giving vent to its displeasure over the neglect shown by States towards this crucial facet of criminal justice system, the bench of Justices GS Singhvi and C Nagappan noted how the proposal to set up 22 additional CBI courts was hanging fire for four years.
In furtherance of a letter written by Prime Minister Manmohan Singh on July 24, 2009, the proposal was mooted for setting up 22 CBI courts in addition to 70 sanctioned in the past. Additional Solicitor General (ASG) Sidharth luthra presented a note to the Court indicating that out of 22, seven courts only were functional. These included three courts in Maharashtra, two in Rajasthan and one each in Assam and Madhya Pradesh.
The bench observed: “We have no doubt that Government of India will take all steps necessary to set up remaining additional special courts and make them functional so that corruption cases are decided expeditiously and people’s confidence in this segment of administration of justice is restored.”
With the onus resting on States to make these courts functional by providing infrastructure, funds, and personnel, the Court set a four-month deadline to achieve this target. To ensure its order was complied with, the bench added, “We may have to initiate contempt proceedings against the concerned Chief Secretary.”
It was a case from Gujarat that set the Court thinking on the wherewithal available with CBI to investigate and prosecute high profile crimes and offences under Prevention of Corruption Act. While setting up of CBI courts was one aspect of Court’s concern, it even focussed attention on vacancy in CBI at every level and also the shortfall of prosecutors available to defend CBI investigated cases in courts.
Out of the 77 additional CBI courts presently operational, 58 public prosecutors were engaged on contract basis. With 20 PPs either resigned or terminated, only 38 PPs exist as on date. A proposal for 85 PPs on regular basis is currently pending consideration with UPSC. Even at the investigation stage, CBI faced a shortfall of 124 Deputy Superintendent of Police and 108 Inspectors. In all, among the executive officers ranging from Constable till Special Director, the vacancy figure is 510.
The other vacancies in the organization related to that of 68 law officers, 52 technical officers, 217 support staff and 22 canteen posts. Of the total sanctioned strength of 6674, as on December 1, CBI has an actual strength of 5805 with a vacancy figure of 869.