CBI Court Criticizes Evidence Handling in Delhi Excise Policy Probe
In a series of scathing observations on the probe into the excise policy case, the special CBI court has strongly criticized the manner in which the federal agency appreciated evidence, particularly its classification of several documents as "unrelied." Special judge Jitendra Singh delivered these remarks on Friday, highlighting significant concerns about the investigative process.
Court Calls for Comprehensive Examination of Evidence
Judge Singh emphasized that before segregating documents into relied and unrelied categories, investigators must undertake a "comprehensive and objective examination" of all material collected. He noted that the court had, on multiple occasions, discovered documents related to the investigation, including those recovered from the accused, placed among unrelied records despite their potential relevance.
Citing a specific instance, the court pointed out that the prosecution had placed total reliance on Raghav Magunta's statements regarding alleged money demands and facilitation but failed to provide any independent evidentiary support to fortify these claims. This lack of corroboration raises serious questions about the robustness of the evidence presented.
Fair Trial Rights Under Scrutiny
The court held that when material favorable to the accused is collected by the state and subsequently kept outside the court's consideration at the charge stage, the fairness of the process is inevitably brought into question. Judge Singh underscored that the court is confined to material placed by the prosecution, and since the accused cannot rely on their own documents or summon those marked as unrelied at this stage, any document of apparent probative value—especially one capable of assisting the accused—should not be excluded without recorded reasons.
Singh cautioned that the reasons for not relying on a particular document must be clearly documented to ensure accountability to the fundamental objective of criminal law, which is the "effort to uncover the truth." He emphasized that investigation is not merely about gathering incriminating material; it is a comprehensive effort to uncover the truth, ensuring justice is served impartially.
Constitutional Guarantees and Judicial Oversight
The judge further highlighted that the guarantee of a fair trial under Article 21 of the Constitution extends to every stage of the criminal process, including investigation and the manner in which material is presented before the court. This constitutional safeguard is crucial to maintaining the integrity of the judicial system and protecting the rights of all individuals involved.
In a related development, Singh gave a clean chit to former chief minister Arvind Kejriwal, his deputy Manish Sisodia, and 21 others on Friday, clearing them of charges in this aspect of the case. This decision underscores the importance of meticulous evidence handling and judicial scrutiny in ensuring fair outcomes.
The court's observations serve as a stark reminder of the need for transparency and diligence in criminal investigations, particularly in high-profile cases like the Delhi excise policy probe. By calling for clearer documentation and a more balanced approach to evidence, the judiciary aims to uphold the principles of justice and accountability in the legal process.
