CBI, others will be bound by new agency’s decision on investigations.
The Centre is thinking of setting up a new, independent prosecution wing for the country’s three premier investigating agencies — the central bureau of investigation (CBI), the enforcement directorate (ED) and the directorate of revenue intelligence (DRI). The new body would be called the directorate-general (prosecution). Sources say this is being done so that the directorate-general can control the three agencies.
The law ministry has circulated a cabinet note for the creation of the directorate general (prosecution). The matter is being discussed by the PM’s office before the proposal is sent to the cabinet for its approval.
However, sources in the agencies fear that the move will not only usurp their powers, it will work to the benefit of a senior CBI officer who has been instrumental in closing many high-profile cases in recent years.
In the new set-up, the director-general (prosecution) would be able to influence all three agencies since he would have the final say on whether to proceed with a case after investigating officers have submitted their reports. As of now, officers submit reports to the courts.
“It would just add to the existing multiplicity of authorities in the investigating agencies, who work at cross-purposes,” said an official.
Incidentally, the debate over separating prosecution from investigation dates back to the 90s during the days of the Jain hawala (illegal money) case. At that time, the Supreme Court (SC) had said that officers should be appointed by states for “able and impartial” prosecution. A panel headed by a former cabinet secretary, BG Deshmukh, had contended that the SC had talked about “able and impartial” prosecution, not an independent wing.
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