Government tells SC how it plans to free 'caged parrot' CBI

The Union Government on Wednesday filed a 41-page affidavit before the Supreme Court stating measures it will adopt to ensure the autonomy of the CBI.

The affidavit contains various proposals by the government to grant CBI autonomy.

Reports state that the CBI director will be appointed by a collegium comprising of the Prime Minister, Chief Justice of India and Leader of the Opposition.

The CBI director cannot be appointed or removed without the consent of this collegium.

However, the CBI director can be removed on the grounds of misbehavior only by an order from the President after an inquiry.

The affidavit also speaks of an accountability commission headed by three retired Supreme Court or High Court judges. The committee will look into cases of grievances against the CBI.

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, that 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 final order on the affidavit will be out by 10 July.

On 6 May, the Supreme Court had slammed the CBI, and called it  a ‘caged parrot’ for it amending an affidavit in connection with the coal block allocation scandal allegedly at the behest of the then Law Minister Ashwani Kumar. Kumar subsequently resigned from his post.

The apex court had given the government time till 3 July to come up proposals for greater autonomy to the CBI.

The court had indicted the government for its interference in the agency’s functioning and asked it to come up with an affidavit on steps to make the CBI autonomous.