The Central Bureau of Investigation (CBI) team handling the extradition of fugitive tycoon Vijay Mallya is completely botching up the case. In the ongoing final arguments in the London court, the CBI has submitted statements of seven witnesses only under Section 161 of the Criminal Procedure Code (CrPC), which is not seen to be a so valid one in a judicial process. Judicial forums don’t give much sanctity to the statements submitted under Section 161, as the statements of the witnesses are prepared by a police officer.
In a few days, a London Court will examine CBI’s statements of the witness. London journalists covering the extradition court have told that out of the seven statements produced by the CBI, five look like similar.
The judicial forums give sanctity to the statements of witnesses under Section 164 of CrPC as the statements of the witnesses are recorded by a Judicial Magistrate, who first checks the sanctity and truthfulness of the witnesses.
The witnesses recorded under Sec 161 can easily change their statement in court by simply saying that their statements were taken by a Police officer under duress. But the statements under Section 164 can’t be normally retracted as it was recorded by Judicial Magistrate.
It is a known legal custom that in the international forums that the agencies have to give a valid statement of witness under Section 164 of the CrPC. The question that arises is why the CBI team led by Special Director Rakesh Asthana (the one whose appointment was questioned by the Director himself) did this nonsense by providing challengeable statements under Section 161.
In a few days, a London Court will examine CBI’s statements of the witness. London journalists covering the extradition court have told that out of the seven statements produced by the CBI, five look similar. “Somewhat like a copy-paste job,” said a journalist comparing the CBI’s statements provided to London extradition court.
It is now sure that the same gang of politicians in power who allowed Vijay Mallya to escape to London are on the job of helping him by submitting weak arguments and not-so-valid documents of CBI in the Court. Vijay Mallya was allowed to leave India with 20 trunks and no agency was allowed to block him. All started acting only after Mallya reached the safe haven of London including the Bankers who provided more than Rs.10,000 crores as loans based on frivolous sureties.
 CVC minutes meeting expose how CVC selected Asthana over the Director’s objections – Nov 25, 2017, PGurus.com