Many cases investigated by CBI ending in acquittal: Madras High Court seeks response on CBI's recruitment policies

The Madurai Bench of the Madras High Court today voiced concern that many cases handed over to the Central Bureau of Investigation (CBI) end in acquittal, while querying after the recruitment methods adopted by the probe agency. .In its order, the Bench of Justices N Kirubakaran and B Pugalendhi remarked that the reasons for the acquittal rates in CBI cases is not known. However, it proceeded to note that it is unaware whether the CBI is recruiting its officers independently or if it is depending on officers deputed from other forces..In this backdrop, the Court opined that the CBI cannot rely on deputations when it is investigating serious white-collar crimes, as deputed officers from the State Police/CISF/CRPF may not be appropriately trained to handle such cases. .The Court observed that specially trained officers should be recruited by the CBI through its own recruitment process in order to live up to its name as a premier investigating agency..To investigate white-collar crimes, especially bank-related or financial offences, the CBI officers should possess relevant qualifications such as ACS, ICWA or CA training. Otherwise, the very purpose of investigation would be defeated, the Court said..CBI has got an image - but what is the conviction rate?Madras High Court (oral remark)."The CBI means it should have a separate recruitment, they should be experts in crime investigations. Deputations are not enough. That is why all the important cases handed over to the CBI ends in acquittal. Don't depend on deputations from CRPF and CISF. What is the knowledge of these persons in the investigation? That is the reason why most cases investigated by CBI end in acquittal. They lack the investigation skill. They are not trained", the Court remarked during the hearing today. .Justice Kirubakaran added,"See the acquittal rate and the conviction rate (in CBI cases)! What is the source of recruitment of officials? .... Why don't you recruit your own people? A person who is serving in CRPF and CISF, how are they going to help you?".In its order, the Bench has also asked the Centre to respond on whether the number of CBI officers should be increased since there is always a glamour for CBI investigation in serious cases. The Court observed that since the CBI has acquired the credibility of a premier investigation agency, it could investigate more cases if its working strength were increased. .Appearing for the Centre, ASG Victoria Gowri informed the Court one stream of CBI recruitment is through the Combined Graduate Level Exam, a Staff Selection Commission, conducted by the Centre. She added that more information on the recruitment process can be furnished before the Court if some time were granted..Accordingly, the Court has adjourned the matter till Monday and asked the Centre to respond on various queries, including the following:.Does CBI recruits its staff independently or through an agency especially for their investigation teams?Is the CBI depending only on police officials deputed from agencies such as the State police, CSF and CRPF?What is the strength of the CBI, especially its investigation team?Why not increase the number of officials for investigation as more number of cases are being referred to the CBI? Why not the CBI recruit candidates with qualifications such as CA, ICWA, ACF etc. when they are dealing with cases involving bank frauds?How many cases have been referred to the CBI in the last 20 years?What is the status of those cases?How many cases ended in acquittal/ conviction?What is the rate of conviction?Why not increase the allotment of funds to CBI as it is represented that CBI does not have sufficient resources?What are all the reasons for enormous delay inconcluding investigations by CBI?.The Union Home Affairs Ministry has been impleaded as a party to the matter by the Court today. .The Court was prompted to take up the issue after a plea for a CBI probe in a case was opposed by the Assistant Solicitor General on the ground that the agency did not have sufficient resources to investigate every case. .In this regard, ASG Victoria Gowri cited the Supreme Court's 2010 full bench ruling in State West Bengal and ors v. Committee for protection of Democratic rights, West Bengal. .In that case, the top court had cautioned that CBI investigations should be ordered by the courts "sparingly, cautiously and in exceptional situations, or the CBI would be "flooded with a large number of cases and with limited resources" and, in the process, lose its credibility on account of being unable to conduct satisfactory investigations. .The High Court ultimately turned down the prayer made in the instant case for a CBI probe, on being appraised by the State of the progress in the case by the Economic Offences Wing. .The case concerned a financial scam involving the failure to return about Rs 300 crores in deposits. The Bench has urged the EOW to carry out its investigation swiftly and file a charge sheet at the earliest..Additional Advocate General Sricharan Rangarajan appeared for the State. .Read the order: