CBI autonomy: Centre files affidavit in apex court
New Delhi: The Union Government today filed an affidavit before the Supreme Court on granting autonomy to the Central Bureau of Investigations (CBI) suggesting some major changes.
Some of the key changes envisaged are:
The CBI director will be appointed by a collegium comprising the Prime Minister, Leader of Opposition and the Chief Justice of the Supreme Court.
The director of the CBI can be removed only on the orders of the President of India on the grounds of misbehaviour which would have to be investigated and proved.
On May 8, the Supreme Court had observed that the independence of the CBI is seriously compromised and said it seems to have many masters. The CBI is a caged parrot speaking its master’s voice, the court had said while dealing with the Coal Scam.
If the CBI is not made independent and impartial, we shall have to step in. If there is a law is in the offing is on making the CBI independent, we shall not pass orders, the court had said and wanted an assurance that the CBI will be made independent.
Later, on June 28, Finance Minister P. Chidambaram indicated that a proposal to set up a panel of retired judges to oversee the investigations of CBI to insulate it from political interference is in conformity with existing legal provisions.
Sources later explained that the panel of retired judges - which could be three in number - will be an 'external oversight body' to look into the internal functions of the investigation agency. The CBI will continue to report to courts about its investigations. The proposed panel of judges will not look into cases under the Prevention of Corruption Act and these will only be monitored by the CVC as is the case now.
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