CBI to be given greater autonomy, made free from extraneous influences

CBI to be given greater autonomy, made free from extraneous influences

The Centre told the Supreme Court that it is bringing significant changes in laws to free CBI from extraneous influences and usher in a new system of appointing its Director providing a say for apex judiciary and Leader of the Opposition while making his removal tougher.

The Director will be given protection on the lines of the provisions in the Central Vigilance Commission (CVC) law under which the incumbent can be sacked only by the President on a reference by the Central Vigilance Commissioner that he is guilty of misbehaviour or incapacity.

Asked to put in place a law for ensuring independence of and functional autonomy of CBI, the Centre filed a 41-page affidavit in the apex court detailing the various steps it was planning to insulate the agency from political and other influences. It placed on record the recommendations of the Group of Ministers and Cabinet decisions on the issue.

The government said that Delhi Special Police Establishment Act, under whose provisions the CBI operates, would be amended to provide for a Committee under the aegis of Prime Minister, including the Chief Justice of India or a Supreme Court Judge and the Leader of Opposition in Lok Sabha, which will choose the Director.

At present, the Director is appointed by the Centre from a panel of officers recommended by a committee comprising of Central Vigilance Commissioner (Chairperson), Vigilance Commissioners, Secretary in-charge of Home Ministry and Secretary (Co-ordination and Public Grievances) Cabinet Secretariat.

The affidavit said that CVC will have the power of superintendence and administration over the CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the Centre for rest of the cases.

“While exercising the power of superintendence the Central government shall not exercise powers in such a manner so as to require the Delhi Special Police Establishment (CBI) to investigate or dispose of any case in a particular manner,” the government said and added that a Bill would be introduced in Parliament to ensure financial autonomy to the agency.

The affidavit was filed in compliance with apex court’s 8^th May order asking the government as to whether it intended to put in place a law to ensure independence of CBI and its functional autonomy and insulate it from extraneous influences of any kind.

Dubbing the agency as a “caged parrot”, the court had passed the order in the wake of the sensational disclosure made by the CBI Director Ranjit Sinha that the agency shared its coalgate investigation report with the then Law Minister Ashwani Kumar and top officials of the PMO and Coal Ministry as desired by them.

In the affidavit, the government further said that the CBI would have power to go ahead with prosecution for its officials if the Centre does not grant sanction within three months. The Centre also proposed to insert two new provisions in the existing law for establishing a panel to be known as the “Accountability Commission”, which will entertain and inquire into “allegations of misbehaviour, incapacity, impropriety or irregularities” of CBI officials.

“The Commission shall consist of three whole time members to be appointed by the President from amongst the retired judges of the Supreme Court or the High Courts and the senior-most judge amongst them shall be designated as the Chairperson. The Central Vigilance Commissioner shall be ex-officio member of the Commission,” the Centre said.

The Centre further said that CBI Director “shall be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Central Vigilance Commissioner, on a reference made to him by the President, has, on inquiry, reported that the Director is guilty of the charged misbehaviour or incapacity.”

“Director CBI shall, recommend officers for appointment to the posts of the level of Superintendent of Police and above and also recommends extension or curtailment of the tenure of such officers,” the affidavit said. 

The government also told the apex court that CBI Director (Prosecution) will be appointed by the Centre on the recommendation of a selection committee which would be headed by the Chief Vigilance Commissioner. 

The other members of the Commission will be Secretary of DoPT, the Home Secretary and the Secretary of Department of Legal Affairs in Law Ministry. The CBI Director shall be the member-convener of the Committee. The affidavit said that in case of difference between CBI Director and Director (Prosecution), the matter shall be referred to the Attorney General (AG). The Director then will take decision in view of the opinion of the AG.