In a major step towards allowing more autonomy to CBI, government has placed the agency's legal wing, which used to report to Law Ministry, under the command of the CBI Director, making his word final in investigations.
CBI sources said that the Directorate of Prosecution has been now placed under the stewardship of the agency director, who will not only see to the promotions and postings but also write the annual confidential reports, as done earlier by Law Ministry.
The Directorate of Prosecution in CBI is responsible for conducting and supervising cases pending trial, appeal and revision in courts.
It supervises and monitors the conduct of prosecution in courts and gives advice to CBI officers on all legal matters of general or specific import vis-a-vis issues arising during investigation or trial.
The Director of Prosecution was the chief functionary of the Prosecution Wing of CBI and was vested with powers of direction and control over prosecuting officers. Those powers have now passed to the CBI Director.
In a number of cases, the probe by the agency was overturned by the Directorate of Prosecution; but the new arrangement gives to the CBI Director the power to a final view on investigations and, subsequently, the charge sheets.
The Lokpal Bill, which has been passed by both Houses of Parliament, also provides for the DoP headed by the Director of Prosecution to be placed under the CBI director.
The Lokpal Bill says that the Director of Prosecution will be appointed in consultation with the Lokpal and CVC.
