The agencies have so far distanced themselves from the criminal acts that the CAG has pointed out.
The mysterious silence maintained by investigation agencies on the startling revelations made by CAG regarding the questionable role of the Delhi government in general and its chief minister Sheila Dikshit in particular is a matter of concern, say legal experts.
Despite the Supreme Court judgment last year giving due weight to the findings of the corruption watchdog concerning the 2G spectrum allocation in 2008, the agencies have so far distanced themselves from the criminal acts that the CAG has pointed out.
Does an agency require a written complaint drawing its attention towards a suspected offence? former Chief Justice of India J S Verma said: “An FIR is the first piece of information regarding an offence committed by any one. That’s the basis to proceed with the further probe. It’s for the agency to collect evidence, record statements and file an FIR, arrest the offenders and prosecute them.”
Agreeing with him, former Delhi high court judge RS Sodhi said the “police can’t remain blind to an offence that is very much in the public knowledge”.
Even in 2G case, an FIR had been registered against “some unnamed persons”, he said. “But an FIR was in place,” he stressed.
While giving its protection to the investigation agencies and asking them to probe the 2G scam, the Supreme Court had in December emphasized on the CAG and inputs from the Central vigilance Commission. That order set in motion the investigation agencies that had earlier been accused of inertia.
A retired chief justice of he Delhi high court, who preferred anonymity, said, “The spectrum judgment should be treated as a precedent.”
However, Lalit Bhasin, president of the society for Indian law firms, said the CAG report only gives ammunition but the revelations, by themself, are not facts that could rise to police intervention. A magistrate can ask the police to probe the allegations but for that someone has to file a law suit, Bhasin added.
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