HC asks CBI to explain criteria for making arrests in NRHM case

The ASG gave the information when the court asked about the progress in the case pertaining to alleged financial misappropriation in upgradation of around 40 district hospitals.

The CBI had told the court that the chargesheet against Shukla and others had been prepared in the case and sent to the Department of Personnel and Training (DoPT) on August 29 for its sanction to submit it in the court concerned. The high court will hear the matter on September 25.

The court’s direction is contained in a 13-page order passed on Tuesday,in which it decided to treat Shukla’s petition as a PIL henceforth and monitor the probe in the wake of delays on the part of the CBI and the DoPT.

Shukla,who was the Principal Secretary of Health and Family Welfare when the alleged scam took place,had filed a petition seeking quashing of five FIRs registered against him by the CBI in connection with NRHM on the ground that the investigating agency had not taken proper sanction for prosecution against him from the DoPT,which controls the service conditions of IAS officers.

In its order,the division bench of Justices Amar Saran and Pankaj Naqvi said: “The ASG informed us that some decision has been taken not to apprehend the petitioner (Shukla) in this case,which relates to cheating and misappropriation of NRHM funds. As,after perusal of the contents of the police report handed over to us in a sealed cover,we were prima facie satisfied that coginsable offences were disclosed against the petitioner,we questioned (the ASG) as to the considerations for the decision not to apprehend the petitioner in this case. He (the ASG) stated that he would seek clarification from the investigating agency in this regard and get back to the court on the next hearing.”

Apart from seeking the criteria adopted by the CBI for arresting or not arresting accused persons “in the present as well as other cases”,the court said: “We would also like to be

informed as to whether there are any criteria for selecting the point of time when the said arrests can be made.” The court directed the ASG to get “specific instructions” in this regard from the CBI.

The court was also displeased over Shukla,who was arrested on May 10 in connection with alleged financial misappropriation in a case pertaining to upgradation of 89 hospitals,getting bail on August 8 purely on technical grounds,because the CBI could not file the chargesheet within the stipulated 90 days.