Letter to the Editor

CBI is shackled by its very existence in law

NK Das Gupta

This refers to the report, “UPA to take legitimacy war to SC” (November 9). The Central Bureau of Investigation is neither a constitutional body nor a statutory authority. It was established by just a resolution of the Union Ministry of Personnel (presently the Ministry of Human Resource Development) in April 1963. It derived its powers to investigate like the police from the pre-independence Delhi Special Police Establishment Act, 1946. Its original jurisdiction was limited to Union Territories.

Subject to the concurrence of the State Governments, it can investigate in State matters also. There was no parliamentary enactment behind the establishment of the CBI, not to speak of constitutional status. Yet, so long as it acted reasonably, it was fine. But, during the Congress-led UPA regime it has thrown all sense of propriety to the winds. It has become a ‘caged parrot'. Had the CBI Director been a statutory authority, it would have been difficult by the powers-that-be to abuse the agency.