CBI still under external influence despite our judgement: SC
The Supreme Court said that even 15 years after it gave a judgement in the Vineet Narain case, the issue is "really more serious" as CBI is still not out of control of political bosses.
|Last Updated: Apr 30, 2013, 10:47 PM IST|Source: Bureau
New Delhi: The Supreme Court on Tuesday said that even 15 years after it gave a judgement in the Vineet Narain case to insulate probe agencies from external influences, the issue is "really more serious" as CBI is still not out of control of political and executive bosses.
"Fifteen years on (after Vineet Narain) we are in bad position. There is complete breach of what Vineet Narain said. In first place, we have to liberate CBI from external influence so that we can completely take pride in CBI investigation," a three judge-bench headed by Justice RM Lodha said.
"We have to insulate CBI from political and any other type of interference. We have to undertake this exercise so that this premier organisation restores its position of impartiality," it said.
Though the minister concerned has the power to call for information generally regarding the cases being handled by the agencies, the authority is "subject to the condition that none of them would permit the minister to interfere with the course of investigation and prosecution in any individual case," it said while referring to relevant portion of the judgement.
"This (judgement) is being getting misconstrued vis-a-vis investigation. Will it not reconcile with the investigation and with the functioning of the government. Can in that situation, the minister have the power to give direction to the agencies?
"Will it not frustrate the independence of the investigation? CBI has to be impartial, free from extraneous consideration and sources and political influence," the bench said.
The landmark verdict had dealt with the specific powers of the minister to review the working of the agencies which are under his department.
"The minister has the power to give broad policy directions regarding investigation and prosecution of classes or categories of cases.
"The minister has that power to appraise the quality of the work of the head of the agency as well as other senior officers of the agency.
"The minister has the power to call for information regarding progress of cases," it had said.
It, however, said, "similarly, the minister`s power to call for information generally regarding the cases being handled by the agencies is not to be taken away.
"However, all the powers of the minister are subject to the condition that none of them would extend to permit the minister to interfere with the course of investigation and prosecution in any individual case and in that respect the concerned officers are to be governed entirely by the mandate of law and the statutory duty cast upon them."
PTI
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.