In a major step towards granting autonomy to the CBI, the Government has placed the agency’s prosecution wing, which used to report to the law Ministry, under the command of the CBI Director.
With the latest move, the CBI Director will not only write the annual confidential reports (ACR) of Director of Prosecution and eight other legal officers but will also have the final word on matters of prosecution as well as investigation.
CBI sources said the CBI Director will also oversee promotions and postings of Director of Prosecution (DoP) and other legal officers, a job earlier done by the law Ministry.
The DoP in CBI is responsible for conducting and supervising cases pending trial, appeal and revision in courts. It supervises and monitors the conduct of prosecution in courts and gives opinion to CBI officers on all legal matters of general or specific import relating to issues arising during investigation or trial.
The DoP was the chief functionary of the Directorate of Prosecution and was vested with powers of direction and control over prosecuting officers. Those powers have now been vested with the CBI Director.
In a number of cases, the probe by the agency was overturned by the DoP, but the new arrangement gives the CBI Director the authority to a final view on investigations and prosecution.
The lokpal Bill, which has been passed by both Houses of Parliament, also provides for a Directorate of Prosecution headed by Director of Prosecution to be placed under the CBI director. The lokpal Bill provides that the DoP will be appointed in consultation with the lokpal and CVC.