CBI can’t file FIR against accused politicians

Hyderabad: According to a source in the CBI, the investigating agency cannot register an FIR against TRS chief K. Chandrasekhar Rao, TRS Assembly nominee T. Harish Rao and Congress MLA  M. Vijayashanti as the CBI special court has no powers to direct it to do so. The CBI can take up cases only on the direction of the Supreme Court, High Court or if the state government requests the Centre.
On Friday, a CBI special court judge directed the CBI to file an FIR against the persons mentioned above in a petition before it.

The CBI source said, “The CBI won’t register an FIR based on the orders of a sessions court. The order will be examined by CBI headquarters in Delhi. Generally, we register cases at the instance of constitutional courts (HC and  SC) as per our manual.
The CBI did not register a case against the Telugu Desam’s Guntur LS nominee Galla Jayadev, though the CBI special court had ordered it to issue an FIR in the case of alleged encroachment of Emaar land. The CBI sent the order to its headquarters in Delhi.

Additional Solicitor-General of India in the AP HC P. Vishnuvardhan Reddy said, “The regular criminal courts of law are established under the provisions of the Code of Criminal Procedure of 1973 to deal with offences under the Indian Penal Code and other penal statutes. Whereas the CBI special court has been established by the government as per the Delhi Special Police Establishment Act. The CBI was established as an independent investigation agency to deal with specialised crimes of corruption and other serious offences. CBI courts are basically to conduct trials of special CBI cases in which chargesheets or final reports are filed by the agency. A CBI court has no special power to refer private complaints to CBI as per the provision of the DSPE Act.”