public corruption act 1988

Querist : Anonymous (Querist) 14 February 2010 This query is : Resolved
can cbi attest a person without lodging an fir and case registration first.
secondly an advocate approached us requesting for help whether psrticular case listee for hearing or not . genuinely we gave the date of listing after publishing of the list even on the internet the list was published. the adv took money frm his client on some false pretext and asked his junio4 to collect the money. by which time the party has already informecd the cbi that some corrupt court officials are demanding money when the jr adv went to collect the money he was caught red handed by cbi and asked him to transfer the money. since he the jr did not to whom the money iks meant for on the direction of the other adv his sr he forwarded the money to the court official. the court official did not knew for tewhat purpose the money is meant for he queries the couonsel but b efore that he thrusts the money into the hands employees were arreswted and sent to judl custody cbi is yet to file chargesheets the govt servants are very much innocent it is practically known to all advocates that no employee can list the case . only judges are empowered to do the same.. advs make falso claims etc etc and to extrac the money for the clients. now the question is . there are two employees. fir (first infom reprot) lodged against one employee but bothem were arerested . is there any law which says that fir is a must before arrest secondy what remedies are available to the court employee

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Querist : Anonymous (Querist) 14 February 2010
pl sent your msg and help us even though advs are not willling to come forward and everyone has abandoned us since the cbi is involved everyone is afraid

Raj Kumar Makkad (Expert) 14 February 2010
First of all you stop accusations against any community. some concerned Lawyers as you told in your quarry may be involved in some corrupt practice but it is difficult to believe that court officials are pure and they do not involve themselves in corrupt practices. If one start counting such malpractice these days being adopted by court staff, various books can be written but here we only provide legal advice irrespective of the person asking it.

In your quarry you have asked whether CBI can arrest without FIR and my answer is yes. It can take any person in custody for interrogation and if during this process, there are prima-facie facts found against such person, he may be got arrested and FIR may follow immediately after arrest.

So far remedies are concerned, you should defend yourself on the basis of strong evidence. If you stop accusation then any of the counsel from local bar can also defend your case and if not then try to engage counsel from outstation. You can also defend your case.

Feroz M Shafeeque (Expert) 15 February 2010
There is nothing wrong in arresting persons who are not made accused in the FIR. But a report will be submitted to the court later adding their names in the accused list.

In trap cases, it is usual to arrest all the persons who share the bribe money. But they will not be charged for demand of bribe.

You can get the address of advocates, who are providing legal aid from the concerned court.

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