The CBI has sought clarifications from the Government regarding "anomalies and legal inconsistencies" in the lokpal Act and amended CVC Act so as to avoid litigation in future.
In a five-page letter to Department of Personnel and Training (DoPT) Secretary SK Sarkar, CBI Director Ranjit Sinha referred to some of the anomalies in the lokpal Act including Sections 38 and 46 (i), agency sources said.
Section 38 is a provision to "divest such agency engaged or associated with the lokpal of all powers" if an officer or employee of an agency engaged or associated with lokpal is likely to destroy or in any way tamper with the evidence or influence witnesses in corruption cases.
In his letter, Sinha said "clarification is required as to whether for a wrongdoing of an officer, the entire agency can be divested of all powers and responsibilities".
Referring to Section 46 (i) of lokpal which deals with punishment to those who make vexatious complaints, Sinha said this process should be initiated only after the individual against whom the complaint has been made approaches the competent court.
"It is suggested that in case such false, frivolous or vexatious complaint is made against the CBI, then Director CBI should also be authorised to make such complaints in the court," Sinha said.
He also referred to Section 25 that mandates lokpal for superintendence over CBI and give directions to it in respect of Preliminary Enquiry and investigations provided by it.
"It is not clear as to in what respect or areas such directions could be given by the lokpal to the investigating agency in the backdrop of provisions to the section," the CBI chief said in the letter.
The lokpal Bill was passed during the Winter Session of Parliament last month and the President gave his assent on January 1.