Why is that, whenever there are no political overtones to the case, the CBI does a good job?
Chief Justice Ranjan Gogoi on Tuesday, delivered the 18th D.P. Kohli Memorial Lecture, in the memory of CBI’s founder late Sh. Dharamnath Prasad Kohli.
In his lecture, he emphasized on the importance of public institution its organizational structure and public faith in such an organization. But in the recent scenario, he observed and was more concerned about the government lapses and political effect over such organization.
He began his lecture by stating the importance of public organization after the independence, and the crucial role played by one such organization i.e. by CBI. According to him, CBI is a federal investigative agency and during the past decades, it has done its duty with honor and distinction. And that might be the reason for the public trust over such organization.
Major Concern:
During the lecture, he expressed his concern over the issue of giving independent status to CBI in more crucial cases involving high profile cases. He asked for ensuring administrative autonomy to the CBI, to ensure that the investigation so conducted by them in high profile cases as free from any political interference. Like under sec 4 of DSPE (Delhi Special Police Establishment) Act, 1946 it has been stated that CBI will be able to conduct any investigation only with the prior permission of State, which is the reason why CJI was majorly concerned as in case of any vested interest or bureaucratic lethargy, such consent be denied or delayed which might affect the investigation process. He moreover stated that CBI should be given statutory status like CAG (Comptroller and Auditor General) of India, to delink the overall distractive control of the government over such public organization, so that there is minimal interference of the Politics in any investigative matter.[1]
Moreover, he was also concerned about the lack of human resource in the organization. There is both qualitative and quantitative lack, as 15% posts in Executive Ranks, 28.37% in Law Officers and 56.17% in Technical Officer lying vacant.[2] This not only increases the workload but also increases the mental pressure and psychological distresses. He in his speech quoted the case Vineet Narain v. UOI, wherein the SC expressing concern at the state of affairs, laid down explicit guidelines for protecting the integrity of the force. “However, given that the superintendence and control of the agency continue to, in large measure, lies with the executive by the virtue of Section 4 of the Delhi Special Police Establishment Act 1946, the possibility of it being used as a political instrument remains ever-present. I do not doubt that there is more than enough strength within the organization to deal with any such situation” said CJI Ranjan Gogoi. [3]
Supreme Court Supports CBI:
He in his lecture also told that the apex court has always tried to preserve and maintain the integrity and independence of CBI. From time to time SC has used its constitutional authority under Art.142 read with Art 14, 32, 141 and 144 to provide complete justice, independence to the agency so that they can work and can perform their task easily, fearlessly and without any favor.
Conclusion:
He ended up his lecture by stating that “Working of any institution is difficult when burdened with a limited legal mandate, inadequate human resources, and scarce financial wherewithal. It is therefore also important to acknowledge the remarkable work done by CBI over the years. It could not have been possible without the quality, caliber, commitment and professionalism of its personals.”
Sakshi Raje
Student
Reporter, INBA
[1] https://economictimes.indiatimes.com/news/politics-and-nation/cbi-should-have-statutory-status-like-cag-ranjan-gogoi/articleshow/70668375.cms
[2] Parliamentary Standing Committee on Personnel, Public Grievance, Law and Justice, 95th Report (2018-19),
presented in March 2018
[3]https://www.livelaw.in/top-stories/whenever-there-are-no-political-overtones-to-the-case-the-cbi-does-a-good-job-147179