Chief Justice of India Ranjan Gogoi right now mentioned the nation’s premier investigating agency– the Central Bureau of Investigation — ought to get “statutory status through legislation” to free it from administrative management. The statutory standing, he mentioned, should be equal to that of the nationwide auditor, the Comptroller & Auditor Basic and advocated administrative and monetary autonomy for the company.
Talking at an occasion organised by the CBI, Justice Gogoi praised the CBI for being one of many few investigative businesses that has managed to carve out “a special place” for itself. Then he mentioned, “Why is it that whenever there are no political overtones to the case, the CBI does a good job?”
The general public consideration, he mentioned, is “more often than not” drawn to failure than success of any public establishment.
“True, in a number of high-profile and politically sensitive cases the agency has not been able to meet the standards of judicial scrutiny. Equally true it is that such lapses may not have happened infrequently,” he mentioned. “Such instances reflect systemic issues and indicate a deep mismatch between institutional aspirations, organisational design, working culture, and governing politics.”
“Given that the superintendence and control of the agency continues to, in large measure, lie with the executive by virtue of Section 4 of the Delhi Special Police Establishment Act 1946, the possibility of it being used as a political instrument remains ever present,” he mentioned, earlier than including “I have no doubt that there is more than enough strength within the organisation to deal with any such situation.”
“Efforts must be made to delink crucial aspects of CBI from the overall administrative control of the government. CBI should be given statutory status through legislation equivalent to that provided to the Comptroller & Auditor General (CAG). The legal mandate of CBI must be strengthened by having a comprehensive legislation addressing deficiencies relating to organisational structure, charter of functions, limits of power, superintendence, and oversight,” he mentioned.
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