CJI Expresses Concern Over Delay In CBI Trials, Says 'Life Of Accused Is Altered, Reputation Significantly Hurt'
The CJI said that the CBI is being increasingly asked to delve into a diverse array of criminal cases beyond its role and this places a huge responsibility on the CBI to live up to its motto of ‘Industry, Impartiality, and Integrity.’"
The Chief Justice of India DY Chandrachud on Monday said that the life of the accused in is altered and their reputation is significantly hurt when they are investigated by the Central Bureau Investigation (CBI). Expressing grave concern over delays in the disposal of cases, the CJI said that it is a significant impediment in the process of justice delivery.
Speaking at an event, the CJI said the challenge now lies in disposing of CBI cases in a time-bound manner despite the enormous challenges of complexification, pendency, and examination of witnesses.
"This is because – firstly, the premium investigation agency deals with crimes which impact the national economic health. Their speedy disposal is imperative for maintaining public confidence and preventing corruption in public life. Secondly, the accused in CBI cases are charged with serious violations of the law. The justice delivery mechanism must be swift. The life of the accused is altered and their reputation is significantly hurt when they are accused of an offence. Delays in the disposal of cases therefore become a significant impediment in the process of justice delivery." said CJI DY Chandrachud.
He further said that delay in prosecutions is one of the common and grave concerns of the justice delivery mechanism. Anyone acquainted with court procedures would acknowledge that the examination of witnesses in a criminal trial is a time-consuming process.
"Delays in examination lead to derailment of the trial. Further, expert witnesses may need to unwrap the working of a scientific process, or the inner workings of the process in which corruption is alleged which is also time consuming. The need of the hour is to recognise the complexity of CBI prosecutions and leveraging technology to avoid delays. Our challenges today and tomorrow require an institutional commitment; a commitment which requires dedicated finance to upgrade infrastructure, synergies between different wings of the criminal justice administration; and calibrated strategies to train all the personnel to understand the rapid changes in the environment."
He emphasised that multipronged approach must be adopted to integrate technology with court procedures to obviate the delays caused in CBI prosecutions. This would ensure that the severity of accusation coupled with excessive delays in CBI courts does not translate to a presumption of guilt.
CJI said that many of these problems can be resolved by creating a natively digital environment from investigation to witness examination and final disposal. From the inception of the case in the form of an FIR, we must imagine the role of technology in facilitating speedy and fair trials.
He further said that cutting-edge forensic techniques offer unprecedented capabilities in the analysis and interpretation of physical and digital evidence. In homicide investigations, forensic experts in the US utilise advanced DNA analysis techniques to match genetic material found at the crime scene with a suspect.
"Similarly, in cases involving cybercrimes, cyber forensic specialists employ sophisticated tools and methodologies to trace digital footprints, uncovering crucial evidence stored on electronic devices or in digital databases."
He said that Artificial intelligence stands out as a game-changer in revolutionising criminal investigations. By leveraging AI algorithms, law enforcement agencies like the CBI can analyse vast amounts of data rapidly, identifying trends, anomalies, and potential leads with unprecedented accuracy.
"For example, in a human trafficking case, AI-powered algorithms analysed social media data to identify patterns of suspicious behaviour and communication among potential perpetrators.
The CJI was delivering a lecture on “Adopting Technology to Advance Criminal Justice.” While speaking at the event the CJI spoke about the evolving role of probe agencies and retirated that a public institution is expected to show the highest regard for the public good and to be open to public accountability by showcasing its performance.
He also said that courts have been instrumental in strengthening the CBI and said that Bhopal Gas Tragedy played an important role in expanding the purview of CBI that
"Initially, its jurisdiction was primarily focused on cases related to corruption, economic offences, and serious crimes that crossed state borders. For instance, in Andhra Industrial Works v. Chief Controller Works which resulted in a decision of the Supreme Court in 19742, the CBI dealt with serious complaints of the commission of criminal offences arising out of the misutilisation of materials previously imported under import licenses. As the years progressed, the CBI saw a significant expansion in its jurisdiction, encompassing a broader spectrum of offences. This widening scope empowered the agency to investigate diverse cases, ranging from economic frauds and bank scams to financial irregularities and terrorism-related incidents."
He said that landscape of crime is evolving at an unprecedented pace as our world becomes increasingly interconnected through the expansion of digital technologies.
"From cybercrime and digital fraud to the exploitation of emerging technologies for illicit purposes, law enforcement agencies like the CBI are faced with new and complex challenges that demand innovative solutions. The investigating agencies have to keep up with the radical change in crime in a digitally connected world, to solve complex crime patterns," he said.
The CJI explained that to deal with innovations in criminal activities, we must rethink our investigative framework.
The CJI also called for a "delicate balance" between the search and seizure powers vested with probe agencies and an individual's right to privacy.
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