The Group of Ministers on granting autonomy for the CBI is finalising crucial changes in the provisions regulating the functioning of the agency, including the procedure for appointment of its Director.
The GoM headed by Finance Minister P Chidambaram has suggested that the appointment of the CBI Director should be made by a panel comprising Prime Minister, leader of Opposition, the Chief Justice of India or his nominee. Similar procedure for appointment of the CBI Director is envisaged in the lokpal Bill. At present, the Government appoints the Director on the recommendations of a panel headed by the Chief Vigilance Commissioner.
The panel is also considering to increase the tenure of the CBI Director from two to three years. CBI is in favour of tenure of five years on the lines of the Director of the Federal Bureau of Investigation of the US. CBI will also seek authority to extend or curtail the tenure of officers on deputation up to the rank of Deputy Inspector General.
The GoM is also likely to make significant changes in the Delhi Special Police Establishment Act, 1947 that governs the functioning of the CBI. The panel can further suggest that the Director of Prosecution should report to the CBI Director. Presently, the Director of Prosecution is an appointee of the law Ministry that often manipulates the prosecution of cases, especially high-profile ones. The Director of Prosecution is likely to be vested with authority to appoint public prosecutors.
The Government is expected to submit an affidavit in the Supreme Court citing the proposed measures after getting nod of the Cabinet.
The GoM was constituted last month after the Government was rapped by the Supreme Court for its interference in the CBI’s investigations in the coal scam. Expressing its anguish, the apex court had observed that the agency is a “caged parrot that has many masters”.
The SC’s reprimand came after the CBI admitted in an affidavit that sacked law Minister Ashwani Kumar and officials from the Prime Minister’s Office and the Coal Ministry made changes to the agency’s draft report on the status of its investigations into the coal block allocations scam. The interference was clearly a breach of confidentiality as the SC was monitoring the probe into coal block allocation scam.
Since 2008, at least five Parliamentary panels have given recommendations to grant autonomy for the CBI, including according statutory status to the agency on the lines of other autonomous bodies like the Election Commission (EC) and Comptroller and Auditor General (CAG).