The central government, on Wednesday, filed its affidavit in the Supreme Court, saying that it is bringing changes in the law to free the CBI from any kind of external pressure and political interference in its functions. It said that the present provision – Delhi Special Police Establishment Act – under which the CBI functions will be amended.
Prominent among the changes is the appointment of the director of the agency through a collegium consisting of the Prime Minister as chairperson, the Leader of Opposition in the House of the People as member and the Chief Justice of India or judge of the Supreme Court nominated by him as the member.
The affidavit says that the said committee shall recommend an officer on the basis of seniority, integrity and experience in the investigation of anti-corruption and criminal cases from amongst officers belonging to the Indian Police Service for being considered for appointment as the director of the CBI.
Other points in the affidavit are that the chosen director will hold office for a period not less than two years and that the director shall not be transferred except with the previous consent of the committee that appointed the director. It also says that the 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.
The government has filed this affidavit following the direction of the apex court, which had on 8 May, during the hearing of petitions on alleged irregularities in allotment of coal blocks, expressed its displeasure on the functioning of the agency.
The court had asked the government to put in place a law for ensuring independence and functional autonomy of the CBI and insulate it from extraneous influence(s) of any kind so that CBI is viewed as a non-partisan investigating agency.
The central government, in its 41-page affidavit, has given details of various steps it was planning to insulate CBI from political and other influences. It says that the CVC will have the power of superintendence and administration over CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the central government for rest of the cases.
The affidavit placed on record the recommendations of the Group of Ministers and cabinet decision on the issue. It says that ‘In accordance with cabinet’s approval the central government shall introduce a Bill containing the necessary amendments in Parliament and the same shall be moved in accordance with Parliamentary procedure.’
Prominent among the changes is the appointment of the director of the agency through a collegium consisting of the Prime Minister as chairperson, the Leader of Opposition in the House of the People as member and the Chief Justice of India or judge of the Supreme Court nominated by him as the member.
The affidavit says that the said committee shall recommend an officer on the basis of seniority, integrity and experience in the investigation of anti-corruption and criminal cases from amongst officers belonging to the Indian Police Service for being considered for appointment as the director of the CBI.
Other points in the affidavit are that the chosen director will hold office for a period not less than two years and that the director shall not be transferred except with the previous consent of the committee that appointed the director. It also says that the 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.
The government has filed this affidavit following the direction of the apex court, which had on 8 May, during the hearing of petitions on alleged irregularities in allotment of coal blocks, expressed its displeasure on the functioning of the agency.
The court had asked the government to put in place a law for ensuring independence and functional autonomy of the CBI and insulate it from extraneous influence(s) of any kind so that CBI is viewed as a non-partisan investigating agency.
The central government, in its 41-page affidavit, has given details of various steps it was planning to insulate CBI from political and other influences. It says that the CVC will have the power of superintendence and administration over CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the central government for rest of the cases.
The affidavit placed on record the recommendations of the Group of Ministers and cabinet decision on the issue. It says that ‘In accordance with cabinet’s approval the central government shall introduce a Bill containing the necessary amendments in Parliament and the same shall be moved in accordance with Parliamentary procedure.’