According to a report by senior journalist Swati Chaturvedi in The Wire, legal experts are saying that the Central Bureau of Investigation (CBI) is weakening it’s case against Mallya in a “deliberate dereliction”.
As part of the extradition proceedings underway in UK courts, the CBI has submitted witness statements recorded only under Sec. 161 of CrPC, and not Sec. 164 of CrPC. Sec 164 pre-trial statements are recorded under oath (hence inviting a charge of perjury) before a judicial magistrate, and hold much more value, especially in foreign courts, than the former. Whereas Sec. 161 statements are only to inform the courts about what the witness would be saying at the trial.
During the proceedings in the UK court, Mallya’s lawyer picked on the witness statements using this very point.
Senior lawyer Prashant Bhushan has called this omission by the CBI, “criminal negligence.” Bhushan told The Wire, “The CBI is just making a show of going after Mallya, all the while helping him. He was tipped off and given an assisted escape from India. Tell me, do people accused of crime get to flee with 36 suitcases? It is unbelievable that CBI officials and lawyers hired by them at huge expense are unaware of the legal weight of unsigned statements made before a police official compared to those made before a magistrate.”
Sarim Naved, a Delhi-based lawyer told The Wire,“While making a case for extradition, the agency has to put its best evidence forward and in the manner most likely to convince the foreign court to extradite. In a case of this seriousness, the CBI ought to have been more careful and anticipated the objections that would be raised by Mallya’s lawyers.”
CBI special director, Rakesh Asthana, was present in the UK court during the hearing last week, and was seen shaking hands with Mallya. It is also worth noting that last month, the CBI had sent a letterto the Central Vigilance Commission, saying that Asthana does not have the authority to represent the agency. The letter had also for CBI’s integrity to be preserved, Asthana should not be allowed to consult on appointing CBI officers as he was “under the scanner” in various cases.