In a recent ruling, the Supreme Court addressed the judgment of the Calcutta High Court in the case of CBI v. S.R. Ramamani, which proposed a mechanism for filing appeals before the High Court against acquittals in CBI cases. The High Court's order, passed on June 8, 2022, suggested a specific modality to ensure timely filing of appeals against orders of acquittal.

The proposed mechanism involved the Zonal Head obtaining comments from the Prosecutor, and the Assistant Solicitor General (ASG) sending these comments directly to the Director General of Prosecution. The Director General of Prosecution would then take a decision on whether to file an appeal or not, aiming to expedite the process and avoid delays.

However, the Central Bureau of Investigation (CBI) took exception to the High Court's direction and appealed the matter before the Supreme Court. A bench comprising of Justices Sanjiv Khanna and Bela Trivedi deliberated on the issue.

In its ruling, the Supreme Court clarified that the judgment of the Calcutta High Court should not be treated as a mandate or a direction contrary to Section 378(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.). The Court emphasized that statutory compliance is necessary and not discretionary in such matters.

Prior to this ruling, the Supreme Court had directed the CBI to file an affidavit detailing the mechanism, either in existence or proposed, for ensuring that appeals are filed before the High Court within the limitation period. In response to the directive, the CBI produced a circular that aimed to ensure all appeals are filed within the stipulated time frame.

The background of the case reveals that the issue primarily revolved around delays in filing appeals by the CBI against trial court orders of acquittal. Often, the appeals were filed long after the limitation period had expired. The Calcutta High Court had urged the CBI to file appeals within the specified time frame.

The High Court had noted that the circular of 2020, which specified timelines for submission, was not being followed effectively. It took an average of 26 days to receive the Director of CBI's final opinion on whether an appeal should be filed against an acquittal.

To address the issue of delays, the High Court proposed a new process wherein the Zonal Head would obtain comments from the Prosecutor, and the ASG's comments would be sent directly to the Director of Prosecution. The Director of Prosecution would then make a decision within 7 days on whether an appeal should be filed or not.

In conclusion, the Supreme Court's ruling clarified that the Calcutta High Court's proposal should not be considered binding and emphasized the importance of adhering to statutory requirements in filing appeals. The matter has brought attention to the need for expediting the appeals process in CBI cases to ensure timely and effective dispensation of justice.

Case Title: CBI v. S.R. Ramamani.

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