Govt vows to free CBI from political interference

Agencies/New Delhi

The Central Bureau of Investigation (CBI), nominally independent but long suspected of being under government influence, was rebuked by the Supreme Court earlier this year which called it a “caged parrot.”

CBI investigators probing alleged graft in the government allocation of coal mining licences admitted sharing a report on the case with officials in the law and prime minister’s offices before it was presented in court.

The CBI has undertaken several high-profile graft investigations in the second term of the government, including into the coal scandal, the 2010 Delhi Commonwealth Games and the allocation of telecom licences.

An affidavit approved by the cabinet and filed in the Supreme Court yesterday said the government would amend the 1946 Delhi Special Police Establishment Act, which created the CBI.

It promised to set up a three-member “Accountability Commission” of retired judges to investigate complaints and said a senior bureaucrat would monitor CBI-led trials to prevent meddling.

The government “shall not interfere with investigation or disposal of cases,” the government said in the affidavit.

Changes were also proposed to bolster the independence of the CBI chief, who would be appointed by a three-member panel comprising the prime minister, the Supreme Court chief justice and the leader of the opposition in parliament.

Only the president would be able to sack him.

The CBI chief will have a term of not less than two years. The director, the affidavit said, will not be transferred without the prior consent of the three-member committee.

The government told the court that a bill containing the necessary amendments will be introduced in parliament.

The proposed committee will recommend an Indian Police Service officer to be the CBI chief on the basis of seniority, integrity and experience in the investigation of anti-corruption and criminal cases.

Besides giving a secured tenure of two years, the government said the officer can only be removed by the president on grounds of proven misbehaviour or incapacity.

An inquiry into allegations of misbehaviour or incapacity would be made by the Central Vigilance Commissioner.

During the inquiry, the president may suspend the CBI director and, if necessary, could prohibit him from attending office.

The affidavit follows a Supreme Court order of May 8 asking what steps the government intended to take to uphold the CBI’s autonomy and to insulate it from political and bureaucratic interference.

The court had sought “an unambiguous assurance, very clear and candid assurance” from the government that “law will be in place in a particular time.”

The CBI, whose report on the coal block scandal is still to be made public, has been probing charges by the national auditor last August that the government may have given away $33bn in windfall gains to firms to mine coal.

Manmohan Singh, in addition to being prime minister, was coal minister for much of the period under police scrutiny.

The CBI has also been accused in the past of going slow in probing charges of corruption against high-profile political figures, resulting in either their acquittal or non-prosecution.