How to make CBI truly independent

Independent law wing can be a good beginning

pankaj

Pankaj Kumar | May 1, 2013



The supreme court has called for making the CBI truly independent after its chief confessed to sharing a probe report with the law minister and others. A noble objective indeed, even if it is as difficult as removing poverty. A beginning, however, can be made by allowing CBI to have a panel of lawyers independent of the government.

Law officers are currently appointed by the law ministry, and they owe allegiance to it. No wonder it often leads them to interfering into the investigation at the instance of their political masters.

According to the leader of opposition in Rajya Sabha, Arun Jaitley, BJP had submitted a note to this effect to the parliamentary select committee on CBI. "In our recommendation, we had suggested that the panel of lawyers who appear and advise the government must be independent. They must be appointed by the director of prosecution in consultation with the Lokpal," he said in his blog [http://www.arunjaitley.com/en/my-opinion-inside.php?id=202&mode=Read&icatId=21], adding that "the select committee diluted our suggestions" and the cabinet further diluted the recommendations of the select committee.

He said the government's political management in sensitive cases was being done through the offices of the law officers and the stature and dignity of the law officers had been gradually eroded and compromised.

CPM leader Sitram Yechuri concurred with Jaitley saying CBI should have an independent panel of lawyers. He said the law officers were essentially political appointees of the government and wondered how political appointees could represent CBI.

"CBI is always accused of foul play but what power has it been given by the government? CBI can't even decide about which lawyer to engage and how much money needs to be paid to him. It is all decided by the officials of the law ministry," Joginder Singh, former director of the agency, told Governance Now.

RS Sodhi, a former high court judge and distinguished lawyer in the supreme court, too shares the view. He says, “It is ironical that prosecution and investigation goes in different directions because they are not under one head. There is always a communication gap, so the accused go scot-free. America has worked wonderfully because their prosecution and investigation work under one head."

The suggestion makes sense. In June 2003, CBI got the bank accounts of Bofors accused Ottavio Quattrochi and his wife frozen. But in 2005, additional solicitor general B Dutta went to a London court with a request to unfreeze the accounts – without even consulting the investigating agency.

"Most law officers are being appointed by the government including attorney general so they don't behave as law officer of the country to support the prosecution -- instead they interfere with the investigation to influence CBI to suit the demands of their appointee. This practice must be stopped for independent functioning of CBI," says Abani Sahu, a supreme court lawyer.

Meenakshi Lekhi, a spokesperson of BJP and lawyer in supreme court, has a bit different view on the independent functioning of CBI. "Even FBI works under the government but that is not used as political tool. Here the bigger question is the morality of the ruling class that is interfering in the process of investigation," she says.
 

 

Comments

 

Other News

What is colonialism? A relook at modern history

The Chromatic World Order: The Fiction That Rules Our World  By Sajid Mohamed Aakar Books  

Monsoon session of parliament adjourns sine die

The Monsoon Session, 2026 of Parliament which commenced on July 20 was adjourned sine die on Thursday. The session provided 19 sittings spread over a period of 25 days.   During the session 11 Bills were introduced in Lok Sabha and 2 Bills were introduced in Rajya Sabha. 12 B

Consumer Justice at a Crossroads

Over the past four decades, India`s consumer protection landscape has undergone a remarkable transformation. What began with the Consumer Protection Act, 1986 as a simple mechanism to empower ordinary citizens has evolved into a comprehensive framework capable of addressing challenges ranging from mislea

Doctors, experts call for ban on junk food ads, mandate warning labels

More than 30 doctors, medical scientists and public health professionals have urged the government to take decisive action against the aggressive advertising and marketing of junk food, calling for a watershed ban on advertisements for foods high in fat, sugar and salt (HFSS) and ultra-processed foods (UPF

Asiatic Lion population rises from 523 in 2015 to 891 in 2025

On World Lion Day 2026, environment, forest and climate change Minister  Bhupender Yadav celebrated India’s remarkable journey in lion conservation and reaffirmed the country’s unwavering commitment to protecting wildlife and biodiversity.   In a post on soc

Railways imposed ₹5.13 crore fine for food quality and hygiene violations

Indian Railways serve about 58 crore meals every year on an average. About only 0.0008% food quality related complaints are received on average. Based on complaints during the last three years, appropriate penal actions have been taken by IRCTC. Such actions include imposition of fines amounting to ₹5.13

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter