The premier investigation agency claims that the move will “severally impair” the effectiveness of anti-corruption efforts.
The CBI has expressed displeasure over a proposal to make approval of the Lokpal mandatory before filing chargesheet or closure report. The premier investigation agency claims that the move will “severally impair” the effectiveness of anti-corruption efforts.
“We heard they are going to make mandatory approval of the Lokpal before filing chargesheet or closure report by the CBI on conclusion of investigation by making amendments to Section 173 of Cr PC. This goes against the stated objectives of making the investigation agency autonomous, not answerable or liable to be monitored by either the administrative ministry or the Lokpal and protect the integrity of investigation,” a CBI official said.
“This is also against the established jurisprudence on the subject, which provides the powers for taking final decision after conclusion of investigation to the investigating agency and even the courts do not interfere with the process of investigation,” the official added.
The agency is also against the proposal to make preliminary enquiry (PE), except in trap cases, by Lokpal mandatory before giving cases to the CBI.
The CBI claims that currently it gathers information and plans and executes a search operation to collect evidence. But if a preliminary enquiry by Lokpal is made compulsory, the CBI will lose the “surprise element” to carry out such operations.
Officials added that now a PE is conducted only when available information or complaint about serious misconduct on the part of a public servant is not adequate to justify registration of a regular case. “The new provision is bound to delay commencement of investigation process. Experience shows that there are a large number of cases in which the element of criminality is known right from the beginning. Holding PE would add no value but rather help the accused by compromising witnesses and help in destroying evidence,” a senior official said.
The CBI maintains that at present, the power of taking final decision after investigation is decentralized in the agency. Officers from the rank of SP to Director, CBI, take decisions based on the rank of the suspect public servants. “This would cause considerable delay in finalisation of the cases and commencement of trial in anti-corruption cases,” the official added.
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