Few convictions in cases with ACB in Mumbai, reveals RTI reply

MUMBAI: Even as complaints of graft are piling up with the state's anti-corruption bureau (ACB), Mumbai division, cases getting converted into FIR and achieving convictions in the last four years are miniscule.
While activists say it justified the inaction by the bureau and the government's vigilance (that works at the level of each department), senior police officers say most complaints either lacked substance or are referred to government departments as mandated by law. Meanwhile, former top cops suggest immediate scrapping of the law that mandates permission of government departments to launch probe against their officers to take the conviction rate remarkably up.
Information received by Jeetendra Ghadge of The Young Whistle-blowers Foundation through an RTI suggested that between January 2019 and November 2022, out of 10,925 complaints received by ACB (Mumbai), only 276 inquiries were ordered and out of those inquiries, only four FIRs were registered, while 71 inquiries were closed without action and 205 are pending.
"Thus, ACB ordered only 2.5% inquiries from complaints received, whereas only 1% of the inquiries ordered were converted into FIRs. Further, ACB has forwarded 6,098 complaints to government departments when a Bombay high court order in a PIL directed ACB to stop forwarding complaints and take action on its own. This is a clear violation of that order," said Ghadge.
He said on an average 90% cases registered by ACB are trap cases, where an accused is caught red-handed accepting a bribe. Unfortunately, looking at the conviction rate it is clear that all these accused get acquitted, which is shocking. "Only four convictions were secured during the period, whereas in 28 cases, the accused have been acquitted. ACB failed to secure a conviction in the last three consecutive years. How can a person caught red-handed get acquitted?" he asked.
Additional CP (ACB) Vijay Patil said many complaints have to be forwarded to state government departments as they are copies of letters marked to us, or departmental permission to proceed with the case has to be sought as per law. "In most such cases, departments do not refer the case back to us. Also, most complaints do not verify or do not make sense, so they too are closed. Over 90-95% applications get sorted out this way," he added.
Former DGP Praveen Dixit, who headed ACB for long, said the law that mandates permission of the appointing authority of the accused (officer or public servant) for prosecution should be scrapped immediately.