CBI has filed affidavit in the apex court on the issue of - TopicsExpress



          

CBI has filed affidavit in the apex court on the issue of autonomy, on which a government affidavit has already been submitted. Though one can say anything definitive only after having a comprehensive look at it, four newspapers (that I read everyday) have reactions that contradict each other. Is the CBI affidavit so contradictory? Before I present the four headlines, I would like to put a few issues relating to it based on my own understanding that has also been helped by some of my very conscientious and distinguished serving and retired friends in the police. Autonomy for CBI means autonomy from political control and interference and a status that is under the Constitution and the laws of the land. Functionally it means the following (I am open to correction on any inaccuracy in my understanding and would welcome comments). This entails: i) A non-partisan appointment, fixed tenure and non-partisan assessment of CBI Director. ii) Financial autonomy, which means sanction of its budget by the Parliament under constitutional procedure and audited by CAG. iii) Autonomy in judicial processes, which means that it must not be under any pressure to share its investigation reports with any branch of political executive. Aside from departmental sharing and scrutiny, these must be submitted only to the appropriate judicial body/court. Hence, it should have the autonomy to have its counsels. Incidentally, only 2% cases handled by it are political in nature and controversial. iv) Departmental appointments and promotion should be through an impartial body (UPSC?) without any political interference. v) Departmental oversight mechanisms should be above board and functioning. vi) It should be under an impartial oversight mechanism. However, I would be against a new body created for the purpose. CVC, in my view, is the appropriate body, which always has a police officer as one of the Commissioners and this should be ensured too. As per my understanding i) deserves tweaking; ii) needs to be created; iii) need reinforcing and should be created; iv) needs tweaking; v) deserves tweaking; vi) needs to be created, but a new body absolutely not. Now the four news items: economictimes.indiatimes/news/politics-and-nation/cbi-says-yes-to-all-except-one-govt-proposal-on-its-functional-autonomy/articleshow/21114053.cms timesofindia.indiatimes/india/Autonomy-will-remain-a-myth-till-Centre-controls-funds-CBI/articleshow/21113721.cms indianexpress/news/unhappy-with-autonomy-offer-cbi-wants-more/1142821/ thehindu/news/national/total-autonomy-sine-qua-non-says-cbi/article4921161.ece?homepage=true
Posted on: Wed, 17 Jul 2013 05:23:02 +0000

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