Mumbai: The state government may have announced a probe by a special investigation team into the alleged irrigation scam but so far, no FIR has been registered in the case. For the panel to start an investigation, the government would first have to ensure that an FIR was filed or the team would be able to do nothing but merely inquire into the allegations, said a senior police officer.
Even legal experts said without an FIR, the SIT would not have any provision under which they could summon private players involved in the alleged scam. Echoing him, a police officer said “law suggests the use of force in investigation to unearth the truth and trace the financial transaction”. “It can be possible only after an FIR is registered…” he said.
Though BJP leader Kirit Somaiya had lodged separate complaints with the economic offence wing and the anti-corruption bureau and submitted related documents to them, the agencies are yet to convert the complaints into FIRs.
Moreover, said another police officer, since this SIT would be headed by irrigation expert and former bureaucrat Dr Madhavrao Chitale, he would not have the power to investigate the case or make arrests as only serving policemen and government investigating agencies can do so. So, former IPS officer-turned-lawyer Y P Singh added, the state would have to notify Chitale as a special police officer under the Bombay Police Act, authorizing him with the legal power to summon witnesses/ suspects, inquire, investigate, freeze bank accounts and make arrests. Concurring with the officer, another senior cop said if the state-appointed SIT was not given the police power, it would be toothless, rendering it a “special inquiry and not an investigation team”. Without the police power, the team could only submit its findings to the appointing authority, the officer said. Chitale would not have any power to act against any suspect unless the government bestowed the special power on him, he added.
Singh said, “Law says cases where private players are involved in corruption should be probed by a police agency. The government must first register an FIR in an alleged scam and also notify the panel head a special police officer, giving him the power to probe the case.”
Apparently upset with the SIT, Somaiya said, “This is a cover-up. It’s not an SIT but an inquiry team under an expert. If the state is interested in proper investigation, why does it not give its consent to the ACB and EOW to probe?”
The state has prepared a detailed affidavit on the steps it has taken in the alleged scam and will file it in the HC on Wednesday.
DIFFERENT ANGLES OF INVESTIGATION
SIT HEADED BY A POLICE OFFICER
If a serving police offi cer heads an SIT, the state or the court does not have to bestow special power on him but he himself can investigate a case, summon witnesses/suspects, inquire, freeze bank accounts and make arrests. In case of a retired officer, the court or state has to delegate such power to him as only a serving cop or an investigating agency can make arrests. Some officers feel an SIT headed by police is more effective as cops are better skilled than bureaucrats in probes and interrogations
SIT HEADED BY A FORMER BUREAUCRAT
If a former bureaucrat heads an SIT, the court or government will have to notify him as a special police officer under the Bombay Police Act, empowering him to investigate a case and make arrests. Otherwise, his work will be restricted to summoning government officers and studying documents. Some feel a retired babu may not be best cut out for the job as he lacks investigation and interrogation skills, which play a crucial role in cracking alleged corruption cases
TELGI SCAM
The Bombay high court appointed an SIT under retired IPS offi cer S S Puri in 2003 to investigate a case against fake stamp paper scam accused Telgi in Pune. The team arrested several senior IPS offi cers and a politician
FAKE ENCOUNTER CASE
In 2009, the Bombay high court appointed an SIT under IPS officer KMM Prasanna to investigate the killing of Chhota Rajan associate Lakhan Bhaiya in an alleged fake encounter in Versova in 2006. The court ordered the SIT to register an FIR based on fresh statements of the complainant, the brother of the deceased. The SIT arrested encounter specialist inspector Pradeep Sharma and senior police inspector Pradeep Suryavanshi along with several other policemen
KRIPASHANKAR SINGH CASE
The Bombay high court ordered an SIT, under the supervision of the Mumbai police commissioner, to investigate a complaint against Congress leader Kripashankar Singh of possessing assets disproportionate to his income. The SIT initiated the probe after an FIR was registered against Singh and his family in February 2012. Earlier, the anti-corruption bureau had conducted an inquiry into the allegation and submitted its report to court, which ordered the SIT to take over the case
Courtesy:
Vijay V Singh TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/19&PageLabel=7&EntityId=Ar00700&ViewMode=HTML
Even legal experts said without an FIR, the SIT would not have any provision under which they could summon private players involved in the alleged scam. Echoing him, a police officer said “law suggests the use of force in investigation to unearth the truth and trace the financial transaction”. “It can be possible only after an FIR is registered…” he said.
Though BJP leader Kirit Somaiya had lodged separate complaints with the economic offence wing and the anti-corruption bureau and submitted related documents to them, the agencies are yet to convert the complaints into FIRs.
Moreover, said another police officer, since this SIT would be headed by irrigation expert and former bureaucrat Dr Madhavrao Chitale, he would not have the power to investigate the case or make arrests as only serving policemen and government investigating agencies can do so. So, former IPS officer-turned-lawyer Y P Singh added, the state would have to notify Chitale as a special police officer under the Bombay Police Act, authorizing him with the legal power to summon witnesses/ suspects, inquire, investigate, freeze bank accounts and make arrests. Concurring with the officer, another senior cop said if the state-appointed SIT was not given the police power, it would be toothless, rendering it a “special inquiry and not an investigation team”. Without the police power, the team could only submit its findings to the appointing authority, the officer said. Chitale would not have any power to act against any suspect unless the government bestowed the special power on him, he added.
Singh said, “Law says cases where private players are involved in corruption should be probed by a police agency. The government must first register an FIR in an alleged scam and also notify the panel head a special police officer, giving him the power to probe the case.”
Apparently upset with the SIT, Somaiya said, “This is a cover-up. It’s not an SIT but an inquiry team under an expert. If the state is interested in proper investigation, why does it not give its consent to the ACB and EOW to probe?”
The state has prepared a detailed affidavit on the steps it has taken in the alleged scam and will file it in the HC on Wednesday.
DIFFERENT ANGLES OF INVESTIGATION
SIT HEADED BY A POLICE OFFICER
If a serving police offi cer heads an SIT, the state or the court does not have to bestow special power on him but he himself can investigate a case, summon witnesses/suspects, inquire, freeze bank accounts and make arrests. In case of a retired officer, the court or state has to delegate such power to him as only a serving cop or an investigating agency can make arrests. Some officers feel an SIT headed by police is more effective as cops are better skilled than bureaucrats in probes and interrogations
SIT HEADED BY A FORMER BUREAUCRAT
If a former bureaucrat heads an SIT, the court or government will have to notify him as a special police officer under the Bombay Police Act, empowering him to investigate a case and make arrests. Otherwise, his work will be restricted to summoning government officers and studying documents. Some feel a retired babu may not be best cut out for the job as he lacks investigation and interrogation skills, which play a crucial role in cracking alleged corruption cases
TELGI SCAM
The Bombay high court appointed an SIT under retired IPS offi cer S S Puri in 2003 to investigate a case against fake stamp paper scam accused Telgi in Pune. The team arrested several senior IPS offi cers and a politician
FAKE ENCOUNTER CASE
In 2009, the Bombay high court appointed an SIT under IPS officer KMM Prasanna to investigate the killing of Chhota Rajan associate Lakhan Bhaiya in an alleged fake encounter in Versova in 2006. The court ordered the SIT to register an FIR based on fresh statements of the complainant, the brother of the deceased. The SIT arrested encounter specialist inspector Pradeep Sharma and senior police inspector Pradeep Suryavanshi along with several other policemen
KRIPASHANKAR SINGH CASE
The Bombay high court ordered an SIT, under the supervision of the Mumbai police commissioner, to investigate a complaint against Congress leader Kripashankar Singh of possessing assets disproportionate to his income. The SIT initiated the probe after an FIR was registered against Singh and his family in February 2012. Earlier, the anti-corruption bureau had conducted an inquiry into the allegation and submitted its report to court, which ordered the SIT to take over the case
Courtesy:
Vijay V Singh TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/19&PageLabel=7&EntityId=Ar00700&ViewMode=HTML
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