Hindustan Times ST (Mumbai)

Release ‘caged parrot’, give CBI its autonomy: HC to govt

- Divya Chandrabab­u

TO ENSURE AUTONOMY, GIVE THE AGENCY A STATUTORY STATUS ON THE LINES OF THE CAG AND THE EC, THE HC SAID

CHENNAI: The Madras high court on Tuesday asked the Centre to consider enacting a law giving statutory status to the Central Bureau of Investigat­ion (CBI) to ensure its autonomy without the government’s administra­tive control. It was part of a slew of directions the court issued for improving the CBI functionin­g as part of an attempt to “release the caged parrot”.

The Supreme Court described the CBI as “caged parrot” and “its master’s voice” in May 2013 while citing evidence of interferen­ce in the federal agency’s inquiry into alleged irregulari­ties in the allocation of coalfield licences. The comments triggered a debate on political interferen­ce in the CBI’S functionin­g when the then Congressle­d government faced a series of corruption charges.

The high court said the autonomy would be ensured only when the agency is given statutory status on the lines of the Comptrolle­r and

Auditor General (CAG), and Election Commission (EC). It noted CAG is only accountabl­e to Parliament and that there should be independen­ce for CBI like the EC. The CBI comes under the administra­tive control of the Department of Personnel and Training (DOPT) under the Prime Minister’s Office.

The high court also sought more powers and jurisdicti­on for the CBI at the earliest as well as separate budgetary allocation for it. The court said the CBI director should be given powers as that of the secretary to the government and should directly report to the Prime Minister.

The court asked the CBI for a policy within six weeks. It posted the matter for hearing next six weeks later and asked the CBI to file a compliance report or for the director of CBI to appear in the court.

Justices N Kirubakara­n and B Pugalendhi of the high court’s Madurai bench issued the directions while refusing to grant relief in response to a PIL seeking a CBI probe in a chit fund scam. “This order is an attempt to release the ‘Caged Parrot’ (CBI),” the bench said.

A CBI officer, who did not want to be named, said this is a policy matter and only the government or the DOPT will be able to comment. A person aware of the matter, who did not want to be named, said top CBI officers met on Wednesday and took note of the observatio­ns for a comprehens­ive proposal. “This will have to be done within six weeks...”

K Chandru, a retired Madras high court judge, said, “Without the state police being involved in any local efforts, it will be difficult for the CBI...”

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