The CBI told the Supreme Court Tuesday that it broadly endorsed the government's proposal to make it independent and free from political intrusions, but pitched for financial independence for taking independent and objective decisions in critical situations.
"A director, CBI, who is dependent on the ministry for routine administrative and financial approvals is not best placed to take independent and objective decision in current situations," the Central Bureau of Investigation said in its affidavit filed in the apex court.
"It needs to be reiterated that financial and administrative powers are essential for the efficiency of the functioning of the CBI and for insulating it from the ministry in its day to day functioning," it added.
The CBI affidavit came in pursuance to the apex court direction seeking its views on the government proposal to amend the Delhi Police Special Establishment Act to make it independent and free from political intrusions by the government.
Agreeing with the government proposal that its functioning shall be vested in the central government in all the cases except those under the Prevention of Corruption Act, the CBI said that it "feels that the functional autonomy of the CBI is very largely predicated on the extent director, CBI's administrative and financial powers."
In the present arrangement, the affidavit said that the "administrative, disciplinary and financial powers of the director, CBI are limited and this impinges on his ability to ensure expeditious and complete investigations and high ethical standards among his subordinates".
The probe agency has sought that the director, CBI be vested with ex-officio powers of secretary in the union government so that he could directly report to the home minister instead of existing practice of going through the department of personnel and training.
The probe agency said it also accepted the government's suggestion that the appointment of the CBI director should be done by a committee comprising the prime minister, leader of opposition in Lok Sabha and the Chief Justice of India.
On the suggestion that the CBI director should have experience in investigating corruption cases, the probe agency said the person to be appointed as director should have experience of working in the CBI at supervisory level. This should be an "essential criteria", it added.
The investigating agency also said the proposed two-year tenure for the CBI director was too short and it should be made a minimum of three years.
While agreeing with the proposal that the CBI director could not be transferred without the prior approval of the selection committee, the probe agency said that the official's removal and suspension too should be with the prior approval of the selection committee.
The affidavit said that removal or suspension of CBI director on the grounds of misbehaviour or incapacity following an inquiry by the Central Vigilance Committee ran counter to the spirit of proposed amendment to DSPE Act requiring previous consent of the selection committee for a transfer.
Also concurring with the proposal that timeline of three months for the grant of sanction to proceed against a person under the Prevention of Corruption Act, the CBI said that a committee comprising cabinet secretary and CBI director and headed by the CVC should decide such sanctions.
It said that the views of the concerned department could be sought by the committee to assist it in decision making.
Resisting the proposal to set up an Accountability Commission, the CBI said that its internal mechanism to deal with complaints against errant officers was "working satisfactorily". "Any change, in this successfully functioning model, has the potential to disturb the chain of command in the organization."
The probe agency has not favoured having experienced lawyers as director (prosecution) saying that it would open the possibility of a "contractual appointment to a crucial administrative and advisory position that may have serious limitation of accountability."
The affidavit will come for consideration by the apex court Wednesday.
