The Rajasthan High Court today came down heavily on CBI for giving “differential” treatment to the accused in Dara Singh fake encounter killing case in which a DIG and a BJP MLA were among those arrested,saying the agency’s objectives have been compromised and it was high time it was “shut down”.
“It appears that accused in the same case are being given differential treatment by CBI.
“You people salute an accused,offer him tea and coffee and land him behind the bars facilitating his judicial custody whereas the same CBI gets police custody of other accused persons for the maximum time period in the same case,” said the single bench of bench of Justice Mahesh Chandra Sharma said.
“The aims and objectives with which CBI was established have been compromised and the CBI is proving counterproductive to these objects and its high time when the agency needs to be shut down,” the court observed.
The stinging remarks by the bench came on a petition filed by a head constable,Jagram,who was allegedly part of the police team that killed a liquor mafia member of Churu Dara Singh in October 2006. The cop,who has been been in jail for 11 months,accused the CBI of delaying the trial and sought speedy justice.
13 people have been arrested in the case so far. A K Jain,the then DGP (Crime) who surrendered before the court in the case,was remanded in custody for 13 days.
It was contended by Ajay Kumar Jain,counsel for Jagram,that the special public prosecutor S K Saxena appointed by the CBI resides in Delhi and the CBI court is adjusting dates of trial as per the availability of the CBI lawyer.
He claimed only non-material witnesses are being summoned by CBI and his prayer to call material witness was rejected by the CBI court judge.
“This is travesty of justice,” the court said.
“We fail to understand how CBI can give a go-by to the humanitarian view of the fact that an accused is languishing in jail for more than 11 months and the CBI is all out to deliberately delay the trial.
“An accused has a right of speedy trial,whether he will be punished or not is yet to be seen but he cannot be denied a speedy justice.
“We deem it proper to discharge duties of special public prosecutor of CBI S K Saxena but would like to hear him before doing so,” observed Justice Sharma.
CBI counsel T P Sharma and special prosecutor Sarfaraz Ahmed tried to convince the bench that the CBI is working properly under law but the bench directed that advocate S K Saxena,counsel for CBI from Delhi,be directed to remain present in court on Monday,April 9.
“We have no faith in CBI now as they have themselves impeached their own credibility by their conduct which this court has occasion to see in recent controversial cases like Goplagarh,we cannot deny a fair and speedy trial to any accused,” Justice Sharma SAID.
BJP MLA Rathore was arrested and sent to jail on Thursday by CBI court on charges of hatching the entire conspiracy of fake encounter. The CBI did not seek his remand for interrogation and filed a supplementary charge sheet.
Late in evening,the CBI issued a press release stating,”CBI will clarify to the Hon’ble Court and clear any doubts and assure the court that CBI is working with utmost integrity.”