oppn parties CBI Must Be Made Independent And Strong

News Snippets

  • Special DG (Training) in CRPF, S N Shrivastava, appointed special commissioner (law & order) in Delhi Police in order to quell the violence. He is also expected to take over as chief of Delhi police once Amulya Patnaik's term ends on February 29
  • Curfew and shoot at sight orders reportedly in force in some areas, but Delhi Police HQ does not issue a notice for the same
  • The Central government has pressed paramilitary forces to control the riots in Delhi
  • Mobs in Delhi target journalists, check them for religious identity and snatch equipment
  • 13 people deal until now in one of the worst spells of violence in Delhi
  • Violence in Delhi shows no signs of abating with fresh areas in the north-eastern part of the capital coming under its grip
  • Delhi High Court says DGCA was wrong in approving the flying ban on stand-up comic Kunal Kamra by airlines other than Indigo for his alleged misbehavior with TV anchor Arnab Goswami aboard an Indigo flight
  • The Bihar assembly passes a resolution to stick to the old NPR form, making it the first NDA state to do so
  • Arms deal for advanced helicopters, worth $3bn, signed with the US, but the trade deal remains elusive
  • Trump says he has a good equation with Pak PM Imran Khan and assures India that Pakistan is working to reduce cross border terrorism
  • Trump once again offers to mediate in the Kashmir issue
  • Trump says it is up to India to decide on the CAA
  • US President Donald Trump says PM Modi wants religious freedom for all
  • US President Donald Trump lands in Ahmedabad, received at the airport by Prime Minister Modi
  • US President Donald Trump to land in India today
Continuing violence in Delhi takes the sheen off the visit by US President Donald Trump
oppn parties
CBI Must Be Made Independent And Strong

By Sunil Garodia
First publised on 2019-01-09 12:57:26

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
The Supreme Court has maintained consistency in reinstating the CBI director Alok Verma by quashing the government order that divested him of his powers and sent him on long leave. It has gone by the principles laid down in the Vineet Narain case as far back as 1977 that protected the director of the agency from extraneous interference.

The only new thing, in this case, was the government claim that it had not transferred Verma but had only sent him on leave on the recommendation of the CVC. But the court was not impressed with this argument. It said that anything which divested the director of his powers amounted to “transfer” and it could only be done by the same selection committee (comprising the Prime Minister, the Chief Justice of India and the Leader of the Opposition) that appoints him. The court has reinstated the director with limited powers and has tasked the selection committee to meet within a week and decide about the powers and authority of the director.

The case has thrown up many issues that have a direct bearing on the working of the CBI. If the ‘caged parrot’ is to be uncaged and resume its position as an unbiased and premier investigative agency in the country, it has to be decided how it can be insulated against outside interference. The Supreme Court ruling that the terms of appointment of the director, including divesting him of any powers, can only be done by the committee has strengthened the agency’s independence. But the power of the CVC over the agency also needs to be reexamined.

The court has once again reiterated that “all authorities” must desist from “intermingling and interfering in the functioning of the CBI director”. This clearly means that the court wants the director to work independently. But what should be done in the case when charges of corruption are leveled against the director? Should the CVC take it up and recommend divesting him of his powers, as it did in case of Verma, or should the committee take it up and decide. These questions remain unanswered and must be addressed by the committee when it meets to examine the powers and authority of the director.

It doesn’t need reiterating that an independent CBI is an absolute necessity to keep investigations into political and economic offences unbiased and free from influence from people in high places. All political parties must unite in the interests of the nation to think of a definite law that can help in achieving this. This law must spell out how the director will be appointed, what his powers and authority will be and which body will have the authority of keeping a watch on the functioning of the agency. After the Supreme Court order, this the best time to do so.