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The special crime branch of the Central Bureau of Investigation (CBI) has reason to be happy. Very soon, it may get a new lot of computer laptops it had long awaited, with the CBI now likely to get more financial powers.
The new autonomy will mean CBI will be able to spend up to Rs 15 crore without additional clearances and its chief will have the status of a Union government secretary. It's a contrast from five years earlier, when it says it had to go all over the place to get sanction for buying a few mobile phones and around 600 laptops for its officers. The final go-ahead came after the agency approached the Planning Commission.
CBI currently reports to the department of personnel and training (DoPT). With his status getting elevated from additional secretary to secretary, CBI director is likely to report directly to the minister. It is likely to give him powers to spend up to Rs 15 crore. Currently, the Budget allocations are made to CBI through DoPT. Plan expenditure was Rs 73 crore and non-Plan expenditure was Rs 387 crore in the 2013-14 Union Budget. However, to incur any expenditure, CBI has to go through DoPT.
"This might not have a dramatic impact but will expedite the pace of investigation. The expenditure incurred on probes will be cleared faster," says Vijay Shankar, a former CBI chief. So far, he said, the agency's director had to go to the government for financial decisions to a ridiculous extent. "So, this is a welcome step."
A former top CBI official, who did not wish to be identified, said: "There has been resistance from the IAS cadre to give more power to IPS officers. They want us to come to them with our requests. But, things should improve and CBI should now be able to modernise itself."
Shankar added, though, that it would be perverse to think the government was coming in the way of permissions. "You cannot wish away the government. It is answerable to Parliament," he noted.
The autonomy issue was taken up by the Supreme Court (SC) after top executives and politicians were found to be interfering with CBI investigation in the coal scam. The matter had led to the resignation of former law minister Ashwani Kumar, who got embroiled in this controversy.
The government has gone back and forth in the nine months since the issue of liberating CBI from external influence began. In its affidavit in the SC, the government in August 2013 had rapped most of CBI's autonomy demands, saying "authority without accountability would be draconian for a body such as the CBI". A panel also recommended CBI investigations be monitored by a committee of three retired judges.
This was after a group of ministers headed by Finance Minister P Chidambaram was constituted to figure out a solution last year.
The Centre was opposed to giving the CBI chief the status and authority of a secretary to the government, saying this could amount to "vesting unbridled power in one authority". CBI had countered this in the apex court by saying, "the averments of (the) Government of India are contradictory and indicate as if secretaries to government in every department are all-powerful and without checks and balances".
However, from being called a caged parrot by the SC to an unbridled horse by the government, CBI has managed to get many of its demands fulfilled. While its wish of getting a three-year term for the director has not been agreed to, the power to appoint the public prosecutor to handle its cases has been given. Earlier, this was a law ministry prerogative. CBI's demand of directly hiring officers of the level of Superintendent of Police has also not been met.
Prime Minister Manmohan Singh, in his address at the CBI's annual conference had said while autonomy in investigation was guaranteed, there was a distinction between "operational autonomy and the rules of oversight, supervision and control in organisational and institutional matters that are normal for public bodies of the executive funded by public money".
Singh said it would be worthwhile to introspect if the debate on autonomy should lose sight of the fact that CBI and other investigating agencies were part of the executive.
All talk of autonomy aside, CBI is still likely to need permission of the Lok Pal and also the Central Vigilance Commission for filing chargesheets against government officials. CBI officials are hopeful it will all work out in the end and synergies between various organisations will be established. Till then, the caged bird is on a wing and a prayer.
FREE BIRD
CBI wishes that were agreed upon:
| Grant more financial autonomy
| Give secretary status to the director
| Allow him to hire private counsels
Wishes not granted:
| Three-year tenure for director, CBI
| Power to hire Superintendent of Police rank officers
