Rejecting accused persons’ counsels’ pleas for closure of investigation, Court asks CBI to carry on
Observing that there was a large involvement of public money and society at large was affected due to the Saradha Group scam, Bankshall Court on Thursday rejected the petition of counsels of the accused persons seeking “closure of investigation” as the Central Bureau of Investigation (CBI) is yet to come to a “conclusion of the investigation” even after two years.
It may mentioned that counsels of both Debjani Mukherjee and suspended Trinamool Congress Rajya Sabha MP Kunal Ghosh had pleaded before the court that for closure of the investigation.
On Thursday the Court observed that large investment of public fund and society at large was affected. It has also been observed by the Supreme Court. Thus, the “closure of investigation” would not get enforced.
Anirban Guha Thakurta, counsel of Debjani Mukherjee, said that they are contemplating to move to the higher court against on Thursday’s order.
On August 11, the Bankshall Court had directed the CBI for the second time to give clarification for taking more than two years in concluding the probe of the Saradha Scam and the investigating agency was asked to file a reply by August 16.
Earlier on July 22, court had also ordered CBI to give a reply on the basis of petition of Debjani Mukherjee’s counsel. It may be mentioned that an investigating agency can submit “conclusion of investigation” even after 2 years, but in those cases its officers has to approach the court to assign a particular case as a “special” one. The CBI has once again put forward it submission that it is a case of larger conspiracy.
CBI counsel had submitted that “closure of investigation” is applicable for Summon Procedure cases in which the punishment is below two years imprisonment. The counsels of the accused had, however, claimed that as per the West Bengal amendment of CrPC 167 (5) (III), an investigating agency has to complete a probe of financial crime within two years.