Saying he was upset with the decision of the CBI to file a closure report in a Ghaziabad court in the Arushi murder case,Union Law Minister M Veerappa Moily today said something would have to be done to ensure such developments are avoided in future.
Talking to The Indian Express,Moily said: Though I have not seen the closure report,I am not satisfied. It is unfortunate. I will talk to the CBI Director also to see what were the reasons for filing the closure report.
Asked if this hurts the agencys credibility,Moily said: The CBI is the best investigative agency in the country and it is expected to solve cases that state police cant. It will have to do something to ensure that its image is protected.
Under law,it is the prerogative of the trial court to accept or reject the CBIs closure report. The judge has to be fully satisfied that any further investigation in the case will yield no result before he accepts the request of the investigative agency to close the case. Moreover,before he decides anything,he has to issue notices to all the parties in the case to hear their views on the closure report. If the Ghaziabad court judge thinks there is still room for further investigation,he can suitably instruct the CBI, said an expert.
In recent times,there have been two high-profile cases where closure reports were filed. judges have taken divergent views on CBIs requests for closing the cases are the 1984 riots case involving Congress leader Jagdish Tytler and former Punjab and Haryana High Court Judge Nirmal Yadav,whose name figured in the cash-at-doorsteps case.
In April,a Delhi court accepted the CBI closure report in the Sikh riots case of Congress leader Jagdish Tytler saying there was no sufficient material to send Tytler to trial. But the CBI request for closure in the cash-at-doorstep case involving ex-Punjab and Haryana High Court judge Nirmal Yadav was rejected with a Chandigarh judge saying he could not accept the half-baked report of the CBI and directed the agency to conduct further investigation.