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CBI officials unhappy with Lokpal provisions?
The proposed move to make preliminary enquiry by Lokpal mandatory before giving cases to CBI will `severely impair` its effectiveness, sources said.
New Delhi: The proposed move to make
preliminary enquiry by Lokpal mandatory before giving cases to
CBI will "severely impair" effectiveness of the agency in
anti-corruption cases as it would lose the "surprise element"
to carry out search operations, sources in the agency said.
They said that at present CBI gathers information from
various sources and plans and executes a search operation to
collect documents and evidence but if the preliminary enquiry
by Lokpal is made cumpulsory, the agency will lose the
"surprise element" to carry out such operations.
When asked about the recommendations of the Parliamentary Standing Committee on Lokpal Bill that all complaints of corruption cases which are in the nature other than trap cases shall first be scrutinised by Lokpal by holding a PE, the officials of the agency were not enthusiastic.
Officials said at present a PE is conducted only when the 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 mandatory provision of PE is bound to delay the commencement of investigation process. The experience shows that there are large number of cases in which element of criminality is known right from beginning. Holding PE would add no value but rather help the accused by compromising witnesses and help in destroying evidence", a senior official said. Sources said in case it is decided to retain this provision, it would be desirable, if it is categorically stated that such mandatory PE will be done only in matters initiated by Lokpal.
The officials also objected to other certain other provisions recommended by the Committee which says that CBI charge sheet or closure report must be filed after taking approval of Lokpal.
They said such a proposal goes against the objectives of the keeping the agency autonomous, not answerable or liable to be monitored by either the administrative ministry or the Lokpal and protect the integrity of investigation. "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," a CBI official noted.
The officials were of the view that normally also all police reports filed by the agency are scrutinised by the courts which take a final call on them.
"This is also in contrast to the proposal to have a clear cut division between investigation and the prosecution. Instead it is proposed that, CBI may send periodical reports to the Lokpal about the stage and outcome of investigation in respect of Lokpal referred matters," another official said.
Sources in the agency said at present, power of taking final decision after investigation is decentralised in the CBI as officers of and above the rank of SP to the Director, CBI, take decisions based on the rank of suspect public servants.
"Thousands of public servants are involved in Prevention of Corruption Act cases investigated by CBI every year. It would not be practically feasible for Lokpal to take decision in every case. Further, this would cause considerable delay in finalisation of the cases and commencement of trial," an official said.
PTI
When asked about the recommendations of the Parliamentary Standing Committee on Lokpal Bill that all complaints of corruption cases which are in the nature other than trap cases shall first be scrutinised by Lokpal by holding a PE, the officials of the agency were not enthusiastic.
Officials said at present a PE is conducted only when the 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 mandatory provision of PE is bound to delay the commencement of investigation process. The experience shows that there are large number of cases in which element of criminality is known right from beginning. Holding PE would add no value but rather help the accused by compromising witnesses and help in destroying evidence", a senior official said. Sources said in case it is decided to retain this provision, it would be desirable, if it is categorically stated that such mandatory PE will be done only in matters initiated by Lokpal.
The officials also objected to other certain other provisions recommended by the Committee which says that CBI charge sheet or closure report must be filed after taking approval of Lokpal.
They said such a proposal goes against the objectives of the keeping the agency autonomous, not answerable or liable to be monitored by either the administrative ministry or the Lokpal and protect the integrity of investigation. "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," a CBI official noted.
The officials were of the view that normally also all police reports filed by the agency are scrutinised by the courts which take a final call on them.
"This is also in contrast to the proposal to have a clear cut division between investigation and the prosecution. Instead it is proposed that, CBI may send periodical reports to the Lokpal about the stage and outcome of investigation in respect of Lokpal referred matters," another official said.
Sources in the agency said at present, power of taking final decision after investigation is decentralised in the CBI as officers of and above the rank of SP to the Director, CBI, take decisions based on the rank of suspect public servants.
"Thousands of public servants are involved in Prevention of Corruption Act cases investigated by CBI every year. It would not be practically feasible for Lokpal to take decision in every case. Further, this would cause considerable delay in finalisation of the cases and commencement of trial," an official said.
PTI