A shot at redemption!

The Central Bureau of Investigation (CBI) has completed 60 years of its existence today, celebrating its diamond jubilee. The CBI came into existence on April 1, 1963, vide Government of India’s resolution no. 4/31/61-T/MHA, and derived its legal status from the Delhi Special Police Establishment Act, 1963. Ever since its coming into existence, the CBI has seen many highs and lows, always remained in public gaze, and has been subject matter of debates and discussions in public domain.

The CBI was formed as a central police agency, with a view to investigate cases of corruption by public servants, breach of central fiscal laws, economic frauds, and special crimes of serious nature, including terrorist crimes. The jurisdiction of the CBI was extended to various states by a Union cabinet’s resolution with the consent of state governments. However, till date, the CBI has not been able to get an all-India legislation to support its legal status, as it lacks statutory authority to investigate corruption and other cases even against Central government employees throughout the country. It always depends upon the mercy of state governments to get or not get general consent to investigate cases under Prevention of Corruption Act, Indian Penal Code, and other laws. Many states, from time to time, have even abruptly withdrawn their consent, thereby putting on hold the CBI’s operations in that state. At present, nine states, mostly opposition ruled, namely, Chhattisgarh, Kerala, West Bengal, Jharkhand, Meghalaya, Mizoram, Punjab, Rajasthan, and Telangana have withdrawn general consent given to the CBI, denying permission to operate in these states.

A number of times, Bills were introduced, discussed, and debated in the Parliament, but no all-India statute could be passed. One of the reasons for it not being passed is that many states, particularly the opposition-ruled states, take a stand that it is against the federal structure of India because law and order is a state subject. At present, the NDA is in power with a very sound majority in the Centre, and also rules majority of states, therefore, it is the best time to pass an all-India legislation for the CBI. A fact little known is that the CBI, in 2013, was declared as an organisation without having any legal sanctity by the Hon’ble Guwahati High Court. However, the said order was stayed by the Hon’ble Supreme Court of India, meaning that the CBI is operating under a stay order granted by the apex court.

The CBI has enjoyed a love-and-hate relationship with the politicians ever since its inception. There is always a clamour for a CBI probe, and the same politician who is facing CBI probe in one case and criticises it, demands for its probe in other cases. The CBI has always enjoyed the reputation for its professionalism, competence, fair play, etc., and won the confidence of government, judiciary, legislature, media, and people at large. However, it has been subjected to criticism in politically sensitive cases, and regularly attacked for being a tool of the political party in power to harass and intimidate political opponents. There have been allegations that the CBI deals differently with the people in power or close to the power centre, and its conduct is not equitable in politically sensitive cases.

The CBI consists of reputed police professionals, but there are functional issues that hamper its independent functioning, as it entirely depends on the Government of India and governments of various states in its day-to-day functioning. The CBI is merely an attached office of the Ministry of Personnel and Administrative Reforms, Government of India, and requires administrative and financial approval in a number of matters from the Central government. Though it is true that it is an investigating agency which functions under the provisions of Code of Criminal Procedure, and is answerable only to the courts, still, there are questions about its investigation and there are allegations, particularly about the timing of specific cases and pace of its investigations. Sometimes, the timing of the action becomes questionable though it cannot be termed as illegal or against the procedure established by the law. People still say that political alliances are made or marred depending upon accelerated or slowed-down investigations by the CBI.

It is imperative in absolute public interest that an all-India legislation be passed immediately to give an all-India jurisdiction to the CBI, at least in the cases of corruption by public servants, and it should not depend upon the mercy of states for its operation. Even the National Investigation Agency (NIA) and Enforcement Directorate (ED) have got an all-India jurisdiction and do not depend upon the consent of state governments.

The CBI has great potential to work as an independent, impartial agency with equity and fair play, which it does in a large number of cases. The Central government and state governments should insulate the CBI from their influence to allow it to function as an independent, autonomous investigating agency. The people in power, whatever may be the political formation in the Centre/state(s), should help the CBI to carry out its duties professionally and impartially to bring an investigation to its logical conclusion in the larger public interest.

The writer has served the Central Bureau of Investigation from 1989-2002 as its spokesperson. Views expressed are personal