NMart filed a writ petition in Andhra Pradesh High Court seeking transfer of all criminal cases filed against the company to the Crime Investigation Department (CID), Hyderabad. The High Court admitted the petition and issued notices to the State Government and the Director General of Police to present their views on the petition.
Though it has to be wait and watch what the government would do in this respect, some basic questions arise regarding the writ petition.
Can a theif ask or demand that a particular police officer or a group of police officers should investigate his crime?
This is not first time such proposal was put forward by NMart. Earlier also, the same demand was proposed and that writ petition was wtihdrawn later.
WHY NMart is asking the judiciary to transfer the criminal to the CID is the moot point to be discussed at length. However, due to the constraints of many things, let us briefly discuss about the issue here.
The CID has the dubious distinction of prolonging the investigation for several years. Moreover, the CID never presses for the expedition of the trial in the court.
The cases in point are several instances.
The CID filed a criminal case against the Amway India Enterprises in 2006. The Amway India moved the AP High Court to declare its business model legal. However, the High Court in unambiguous terms stated that the business model of Amway is illegal.
Then Amway India tried its hand by moving a special leave petition in the Supreme Court. Unfortunately for Amway, the Supreme Court upheld the High Court decision.
Then following direction of the Supreme Court to complete the investigation in six months and file the chargesheet, the CID filed the chargesheet in the Chief Metropolitan Magistrate Court, Nampally, Hyderabad in 2007.
For reasons better known to the CID officials at the helm of affairs, the name of the company i.e.Amway India was not mentioned in the chargesheet. When that was pointed out by a section of media and Corporate Frauds Watch, the CID officials included the name of the company in the chargesheet.
After that the CID never bothered to pursue the case in the CMM Court.
The accused in the criminal case including the CMD of Amway India 'visit' the court occasionally whenever it was suited to them and ask for a date for the next appearance whenever suited to the accused.
Now it is more than six years, the 'farce' has been going on without taking the case to its logical end.
Then again in 2008, Corporate Frauds Watch filed a criminal case against GoldQuest International, which has duped Indian up to over 20 billion rupees. When several criminal cases were filed against the fraudulent company all over the State, the investigation was transferred to the CID in 2008. Even after five years, the CID did not file even the chargesheet in the court. It is not even sure whether it had completed the investigation into the whole murky deals of the GoldQuest.
The CID has also taken up investigation into the Rs. 30 billion fraud by speakasiaonline. The Singapore-based company had defrauded Indians and after Corporate Frauds Watch lodged a complaint, the CID has taken up investigation in 2011. The investigation remains incomplete till date forget about chargesheet.
Morever, there have been several allegations against the top CID officials regarding the investigation into these criminal cases.
In essence, transfering the case to CID means burying it fathoms deep. That is why the crooks of NMart has moved the High Court to transfer the case to the CID.
The reasons:
1. The accused would obtain the bail easily since there would be little resistance.
2. The case would be pending investigation for many years
3. After investigation the case would be pending trial for many years.
4.The accused would enjoy the 'fruits' of his crime without hindrance.
5. The accused would have to appear, if at all, before only one court instead of various courts throughout the State.
6. The accused would be able to start another racket before the law-enforcing agencies caught him.
7. The conviction, if at all, for the crime would not be in near future.
When there are so many benefits, naturally, the thief asks for investigation into his crime by an officer of his choice.
P.S. After making many trips to various parts of Andhra Pradesh, Gopal Mohan Singh Shekhawat is now cooling his heels in the Ongole district jail comfortably with the luxuries his ill-gotten money provides him.
Though it has to be wait and watch what the government would do in this respect, some basic questions arise regarding the writ petition.
Can a theif ask or demand that a particular police officer or a group of police officers should investigate his crime?
This is not first time such proposal was put forward by NMart. Earlier also, the same demand was proposed and that writ petition was wtihdrawn later.
WHY NMart is asking the judiciary to transfer the criminal to the CID is the moot point to be discussed at length. However, due to the constraints of many things, let us briefly discuss about the issue here.
The CID has the dubious distinction of prolonging the investigation for several years. Moreover, the CID never presses for the expedition of the trial in the court.
The cases in point are several instances.
The CID filed a criminal case against the Amway India Enterprises in 2006. The Amway India moved the AP High Court to declare its business model legal. However, the High Court in unambiguous terms stated that the business model of Amway is illegal.
Then Amway India tried its hand by moving a special leave petition in the Supreme Court. Unfortunately for Amway, the Supreme Court upheld the High Court decision.
Then following direction of the Supreme Court to complete the investigation in six months and file the chargesheet, the CID filed the chargesheet in the Chief Metropolitan Magistrate Court, Nampally, Hyderabad in 2007.
For reasons better known to the CID officials at the helm of affairs, the name of the company i.e.Amway India was not mentioned in the chargesheet. When that was pointed out by a section of media and Corporate Frauds Watch, the CID officials included the name of the company in the chargesheet.
After that the CID never bothered to pursue the case in the CMM Court.
The accused in the criminal case including the CMD of Amway India 'visit' the court occasionally whenever it was suited to them and ask for a date for the next appearance whenever suited to the accused.
Now it is more than six years, the 'farce' has been going on without taking the case to its logical end.
Then again in 2008, Corporate Frauds Watch filed a criminal case against GoldQuest International, which has duped Indian up to over 20 billion rupees. When several criminal cases were filed against the fraudulent company all over the State, the investigation was transferred to the CID in 2008. Even after five years, the CID did not file even the chargesheet in the court. It is not even sure whether it had completed the investigation into the whole murky deals of the GoldQuest.
The CID has also taken up investigation into the Rs. 30 billion fraud by speakasiaonline. The Singapore-based company had defrauded Indians and after Corporate Frauds Watch lodged a complaint, the CID has taken up investigation in 2011. The investigation remains incomplete till date forget about chargesheet.
Morever, there have been several allegations against the top CID officials regarding the investigation into these criminal cases.
In essence, transfering the case to CID means burying it fathoms deep. That is why the crooks of NMart has moved the High Court to transfer the case to the CID.
The reasons:
1. The accused would obtain the bail easily since there would be little resistance.
2. The case would be pending investigation for many years
3. After investigation the case would be pending trial for many years.
4.The accused would enjoy the 'fruits' of his crime without hindrance.
5. The accused would have to appear, if at all, before only one court instead of various courts throughout the State.
6. The accused would be able to start another racket before the law-enforcing agencies caught him.
7. The conviction, if at all, for the crime would not be in near future.
When there are so many benefits, naturally, the thief asks for investigation into his crime by an officer of his choice.
P.S. After making many trips to various parts of Andhra Pradesh, Gopal Mohan Singh Shekhawat is now cooling his heels in the Ongole district jail comfortably with the luxuries his ill-gotten money provides him.
8 comments:
Cid is allway s cold storeage
It is a eye wash for pubblic
Ebey a shyam, CID ko tujhe funny lag raha hey kiya, sala tu pagal tuo nahi ho gaya.Tu sala bol raha hey ke tu subkuch janta hay aur CID OF INDIA kuch nahi janta hay.sala shyam pagal kahika -----
CID AND CBI working at private invastigation ownce, who registered case is the part his duties and then after court will take decission. so wait and watch howmany money work for illigel process.
Thanks shyam for true thing.
there is no right to any person... to named anyone THIEF OR RACKETIER .. before judgement comes..
its is illeteracy
Since the beginning I have been saying this. No court in India would give him any relief, I said many a time. It is proved. Now Amway India is also saying that it is not convicted though the Andhra Pradesh High Court held its business model illegal.
A thief is a thief and a racketeer is a racketeer whether once agrees to it or not. When it is proved beyond reasonable doubt and the racketeer is now behind bars, still they say he was not convicted.
And these apologists, still support the racketeers though the law is crystal clear. The reason is simple. These people are also after their own share in the loot.
http://www.youtube.com/watch?v=W4AT-g9jifA plz watch
watch full episodes on cid 2015 latest videos on dailymotion.
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