India

Govt mulls provisions to remove CBI chief

PNS

The Centre is mulling over a proposal to introduce provisions for the removal of CBI Director who enjoys a fixed tenure of two years from the date of appointment for the post.

A report card released on Friday by Prime Minister Manmohan Singh before his Presser says Government is considering several measures for greater autonomy of CBI, including provisions for removal of the Director, CBI.

The agency is probing several big-ticket corruption cases including 2G, CWG and Coal allocation scams and investigations have proved to be an embarrassment for the Government over the last three years. 

last year, law Minister Ashwani Kumar had to resign after it came to light that he along with the officials of PMO were involved in changing the “heart” of agency’s draft status report on coal scam.

In the 1997 Vineet Narain judgement, the Supreme Court had fixed the tenure of CBI Director to be a minimum of two years so that the officer could work with

independence.

The report card also mentioned that Government is considering a proposal for non-interference in CBI investigations.

“Several measures for greater functional autonomy of CBI are under the consideration of the Government viz. Appointment of Director, CBI on recommendation of a committee; provisions for removal of the Director, CBI; Director, CBI to be in the selection committee for selection of officers at the level of SP and above in CBI; non interference in CBI investigations,” it said.

The document also said Government is considering a proposal to ensure three-month deadline for deciding on agency’s request for sanction of prosecution, statutory provisions for Director (Prosecution) in CBI and establishment of an Accountability Commission.

“The Director, CBI shall have a minimum tenure of two years, regardless of the date of his superannuation. This would ensure that an officer suitable in all respects is not ignored merely because he has less than two years to superannuate from the date of his appointment,” the Supreme Court had held in the order.

The apex court had also said Director can be transferred only in “extraordinary” circumstances with the approval of selection committee comprising Central Vigilance Commissioner with the Home Secretary and Secretary (Personnel) as members.