Your Conviction Rate Is Very Low: SC Tells CBI While Granting Bail To Amandeep Dhall, Last Accused In Custody In Excise Policy CBI Case

The Supreme Court, while granting bail to businessman Amandeep Singh Dhall in a case registered by the Central Bureau of Investigation (CBI) relating to the Delhi excise policy case, commented that the conviction rate in CBI cases is "very low", which emboldens white-collar criminals. The Bench also observed that in CBI cases, the list of witnesses is usually large.

With today's Order, all accused in the excise case, including Aam Party leaders Arvind Kejriwal, Manish Sisodia and Bharat Rashtra Samiti leader K Kavitha, are out on bail.

Amandeep Singh Dhall is facing charges under Section 120B (Punishment for criminal conspiracy), 477A (Falsification of accounts) of the Indian Penal Code, 1860 read with Section 7 (Offence relating to public servant being bribed) of the Prevention of Corruption Act, 1988.

Dhall was granted bail in a case registered by the Enforcement Directorate on September 18. Dhall's bail application in the CBI was rejected by the Delhi High Court on June 6. On November 25, 2022, the CBI had filed the initial chargesheet against seven accused, including  Dhall. Dhall was arrested on April 18, 2023, following further investigations. Previously, Dhall’s bail application was denied by the trial court on June 9, 2023, prompting him to approach the High Court.

The Division Bench of Justice Surya Kant and Justice Ujjal Bhuyan advised the CBI to make their proceedings "robust and efficient." Justice Kant said, "Today, the message to all hardened criminals, professional criminals, white-collar criminals is that (for some time) you remain inside, get bail and then nothing will happen. Unfortunately, your conviction rate is very low and that is emboldening that."

Justice Kant said the CBI should focus on "scientific investigations, ensuring witness protection, ensuring that their statments are timely recorded, that they don't come under extraneous pressure, maintenance of good report by investigating agency." To this, Justice Bhuyan added, "It is not (about) the number of witnesses, but the quality of witnesses."

Justice Kant also remarked on the large list of witnesses seen in CBI cases, which often leads to delays during trials. "In 21 years, I have never seen a case with less than a hundred witnesses. (In some cases) 200 witnesses, 300 witnesses.... passing on the road, these people were all witnesses. This is what they do."

Senior Advocate Raja Thakre appearing for the CBI, opposed the granting of bail to Dhall. He claimed that Dhall had attempted to bribe the ED officers. "The allegations are severe and he was the main beneficiary." On the Bench's remarks about CBI's efficiency, he replied, "Most of the (CBI) cases are based on documents."

Cause Title: Amandeep Singh Dhall v. Central Bureau of Investigation [SLP(Crl) 12036/2024]