Now PC thrashes CBI, CAG for ‘overreach’
BY M Post Bureau14 Nov 2013 5:10 AM IST
M Post Bureau14 Nov 2013 5:10 AM IST
Referring to apex court’s observations a few months ago about the autonomy of CBI, Chidambaram added that it (CBI) was not a caged parrot. ‘The CBI isn’t a caged parrot and the C of CBI doesn’t stand for Congress,’ he said while delivering his speech at the golden jubilee function of CBI.
The FM came down heavily on the Bureau, adding, ‘Investigators must cross a threshold that there was criminal intent before pressing charges in matters of financial crimes.’
He also targeted Comptroller and Auditor General (CAG) and said, ‘Unfortunately, there are a number of cases where investigating agencies and other authorities like CAG, have overstepped their limits and attempted to convert bona fide executive decisions into either crime of abuse of authority,’ he added.
Referring to the role of public servants in financial crimes, Chidambaram also said the investigating agency must confine itself to the question whether there has been a violation of laid down rule of conduct.
‘Even where a rule has been prescribed, if there is a policy behind that rule, it is not the business of the investigating agency to question the wisdom of the policy or to suggest a different policy.’
Chidambaram also stressed that ‘functional autonomy does not mean that you (CBI) are free from general rules.’
Referring to an ongoing debate on the alleged misuse of the CBI, the FM maintained that the probe agency is part of the executive government; it is as much bound by general rules as its other wings. Chidambaram’s comments have come a day after Manmohan Singh’s much-criticised comment that ‘error of judgement should be distinguished from criminal acts’.
With his government’s image battered by a series of graft allegations, including the coal scam that has even sought to draw PMO into its vortex, the FM threw in a caveat that some decisions which appear to be previously sensible, may turn out to be faulty later.
‘Our administrative set up has to be so managed that the fear of the unknown must not lead to paralysis in decision making,’ he had said on Monday.
The FM came down heavily on the Bureau, adding, ‘Investigators must cross a threshold that there was criminal intent before pressing charges in matters of financial crimes.’
He also targeted Comptroller and Auditor General (CAG) and said, ‘Unfortunately, there are a number of cases where investigating agencies and other authorities like CAG, have overstepped their limits and attempted to convert bona fide executive decisions into either crime of abuse of authority,’ he added.
Referring to the role of public servants in financial crimes, Chidambaram also said the investigating agency must confine itself to the question whether there has been a violation of laid down rule of conduct.
‘Even where a rule has been prescribed, if there is a policy behind that rule, it is not the business of the investigating agency to question the wisdom of the policy or to suggest a different policy.’
Chidambaram also stressed that ‘functional autonomy does not mean that you (CBI) are free from general rules.’
Referring to an ongoing debate on the alleged misuse of the CBI, the FM maintained that the probe agency is part of the executive government; it is as much bound by general rules as its other wings. Chidambaram’s comments have come a day after Manmohan Singh’s much-criticised comment that ‘error of judgement should be distinguished from criminal acts’.
With his government’s image battered by a series of graft allegations, including the coal scam that has even sought to draw PMO into its vortex, the FM threw in a caveat that some decisions which appear to be previously sensible, may turn out to be faulty later.
‘Our administrative set up has to be so managed that the fear of the unknown must not lead to paralysis in decision making,’ he had said on Monday.
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