RTI reveals ACB doesn’t know the ABC of action

Following the Bombay high court’s nod to start probe against corrupt government officials without seeking approval from departments concerned, the Anti-Corruption Bureau (ACB) will now have plenty of cases in its kitty. But a large number of cases are still pending and the bureau is yet to file chargesheets in them.

Of the 272 cases registered with the ACB since 2005, chargesheets have been filed only in 78. While investigation is said to be on in the remaining cases, a few are awaiting sanction from the director general’s office.

According to the statistics provided by the bureau in reply to an RTI query filed by DNA, all the 78 cases in which the chargesheets were filed are pending in the courts. The bureau claimed the remaining cases were “under investigation” and “awaiting sanction”.

Amongst the cases awaiting sanction include the much-known case of disproportionate assets involving encounter specialist Daya Nayak in 2006. Another case of misconduct in 2005, which named 21 BMC officials, is also awaiting sanction from the DG office. Similarly, a case of misconduct against Avinash Sanas, deputy executive officer in Mantralay and a co-accused in the MPSC scam, is said to be under investigation since 2005.

Explaining the delay in filing chargesheets, Niket Kaushik, additional commissioner of police, ACB, said, “Before filing chargesheets, ACB seeks sanction from the appropriate authority. Also, a lot of technical data and evidence are part of the ACB cases which prolongs the filing the chargesheets.”

Kaushik added there is also a backlog of previous cases which are considered cleared only when chargesheets are filed in them. Thus, the recent cases are kept waiting even as the investigation process is on.

The delay in filing the chargesheets affects the case in long run, as complainants mostly lose interest in following up their cases. There have been instances when the complainants or the accused have died before the verdict of the case.