 "CBI")
A Parliamentary panel today recommended that the government repeal a law that governs working of the CBI by replacing it with a more comprehensive legislation for its effective performance.
The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, headed by Congress MP E M Sudarsana Natchiappan also suggested that the post of Director of Prosecution (DoP) in CBI should be of the rank and status of the Director CBI in order to ensure its independent functioning.
Besides, it objected on setting up of special CBI courts in various districts of the states saying it was leading to introduction of dual judicial system which is not contemplated under the Constitution.
"The Committee is afraid that this trend if allowed to persist may lead to inversion of pyramidal structure of governance provided under the Constitution of India and it may get crumbled under the weight of overburdened judiciary, executive and Parliament," it said in the report on Lokpal and Lokayuktas and Other Related Law (Amendment) Bill, 2014, which was tabled in both the Houses of Parliament.
The panel also recommended integrating anti-corruption branch of CBI with Lokpal which on such integration may be placed under the Director of Inquiry of Lokpal.
For investigation of crimes, other than corruption crimes, the existing structure and procedures may continue to operate, it said.
The government if it so considers necessary for the purpose, may come up with a comprehensive legislation on CBI for effective performance of other functions of the agency as recommended in one of the earlier reports of the Committee submitted in 2008, the panel said.
That report had recommended CBI be given the power to investigate the cases without any hurdles through "adequate statutory support" to it.
The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, in its latest report recommended that appointment to the post of DoP in CBI should be made after detailed and proper enquiry into integrity, credibility and competence of the persons in the zone of considerations of the post.
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The panel has further recommended that advocates with at least 15 years of experience of conducting criminal cases on behalf of government along with officers of Indian Legal Service having similar experience should be eligible for being considered for appointment to the post of DoP in CBI, it said.
The Committee said there is a need to revisit Delhi Special Police Establishment Act (DSPE), 1946 (which governs the agency functioning) which was enacted for the limited purpose of dealing with corruption cases.
The Committee feels that with the setting up of institution of Lokpal and in the light of its suggestion that anti-corruption set up of the country may be unified by creating an architecture in which Lokpal is at apex level and CBI and CVC as its arms to carry out inquiry, investigation and prosecution in offence relating to corruption under Prevention of Corruption Act, 1988, the report said.
"The Committee is of the opinion that Delhi Special Police Establishment Act, 1946 may be repealed and suitable provisions incorporated in the Lokpal and Lokayuktas Act, 2013 to set up a unified architecture for the purpose," it said.
The Committee feels that with setting up of such an institution of Lokpal there should be no occasion in cases under Prevention of Corruption Act, 1988 for the judiciary to issue directions to CBI of the nature referred to above and to monitor the progress of investigation which is essentially the job of a Magistrate or a lowest rung of criminal court.
"In the proposed set up, the Lokpal would have sufficient powers to monitor the investigation being carried out by its agencies as the agencies would only be its organs.
"For other type of cases now being conducted by the CBI, a separate legislation may be brought and a new agency created for those purposes. This new agency may use the existing infrastructure, personnel, etc of CBI," the report said.
The Committee has recommended that the Secretary to Lokpal should be of the rank and status of the Secretary to the government of India so that he is not influenced by his or her seniors or colleagues from the civil services and is able to function independently.
