SC allows CBI plea seeking to quiz Vikas Mishra for four days in corruption case

New Delhi [India], April 10 : The Supreme Court on Monday allowed the Central Bureau of Investigation (CBI) to keep Vikas Mishra for custodial interrogation for four days as the probe agency could not exercise the right of interrogation earlier in a corruption case.
"The appellant-CBI is permitted to have the police custody remand of the respondent for a period of four days (taking into consideration that pursuant to order dated 16.04.2021 passed by the learned Special Judge the police custody remand of seven days of the respondent-accused was granted, however for the reasons stated above, the CBI could interrogate the respondent-accused only for a period of two and half days and therefore could not exercise the right of interrogation for the full period of seven days of police custody remand)," the court said
A bench of justices MR Shah and also comprising Justice CT Ravikumar passed these directions while hearing the CBI plea seeking the custodial interrogation of the accused.
CBI plea came on a petition challenging the Calcutta High Court order dated September 30 2022 directing to release of the respondent - accused Vikas Mishra on statutory/default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.)
On November 27 2020, an FIR/complaint came to be registered by the CBI (ACB, Kolkata) against inter alia the officials of Eastern Coalfield Limited, CISF, Railways and others for the commission of offences under sections 120B/409 of the IPC and the relevant provisions of the Prevention of Corruption Act. That on April 16 2021, the respondent - accused Vikas Mishra came to be arrested by the CBI and was remanded to the CBI custody for a period of seven days i.e., till 22.04.2021. However, during the said period of remand to CBI custody, the respondent - accused Vikas Mishra was admitted in the hospital and thus could not be interrogated by the CBI despite police custody remand.
That on 21.04.2021, the respondent-accused was enlarged on interim bail by the learned Special Court which came to be extended from time to time. On 08.12.2021, the Special Court cancelled the interim bail of the respondent-accused on the ground that he did not appear before the Special Court despite specific directions and also did not cooperate with the CBI investigation. That on 09.12.2021 and pursuant to the interim bail being cancelled, the respondent-accused came to be arrested again on 11.12.2021 and was remanded to judicial custody. That again from 12.12.2021 to 08.04.2022, while in judicial custody, the accused got admitted to the hospital and then again from 07.05.2022 to 08.09.2022.
The accused Vikas had submitted an application for default bail under Section 167(2) Cr.P.C. on the ground of non-filing of the charge sheet/report within the prescribed period of 90 days before the special court which was rejected.
On 19.07.2022, the CBI filed a charge sheet against the accused and the cognizance was taken by the Special Court on the same date.
Vikas moved Calcutta HC challenging Special Court and got the relief.
Additional Solicitor General Aishwarya Bhati, appearing on behalf of the CBI has vehemently submitted that as such the CBI got the police custody remand for a period of seven days on 16.04.2021 till 22.04.2021. She further submitted that however the accused got himself first admitted to hospital and thereafter got interim bail which came to be subsequently cancelled on 08.12.2021, the CBI could not exercise the police custody remand which as such was allowed by the Special Judge on 16.04.2021.
CBI prayed to grant the police custody remand of the respondent-accused for the remainder period of seven days which the CBI could not exercise because of the respondent got himself hospitalised and was released on interim bail.
"Thus, the respondent-accused has successfully avoided the full operation of the order of police custody granted by the Special Judge. No accused can be permitted to play with the investigation and/or the court's process. No accused can be permitted to frustrate the judicial process by his conduct," the top court said.
The court also said that it cannot be disputed that the right of custodial interrogation/investigation is also a very important right in favour of the investigating agency to unearth the truth, which the accused has purposely and successfully tried to frustrate. "Therefore, by not permitting the CBI to have the police custody interrogation for the remainder period of seven days, it will be giving a premium to an accused who has been successful in frustrating the judicial process," the top court said.