Frame law to let CBI probe sans consent: Parl panel
The department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its demand for grants report noted that eight states have withdrawn general consent for CBI investigation.
A Parliamentary standing committee has recommended that a separate or a new law be enacted to grant CBI the power to investigate cases without needing consent from the state governments.
The department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice in its demand for grants report noted that eight states have withdrawn general consent for CBI investigation.
The report, tabled on Thursday said: “ The Committee notes that eight states have withdrawn general consent for CBI investigations limiting severely its ability to investigate corruption and organized crime. To address this problem, the Committee feels a separate/new law granting CBI wider investigative powers without state consent for cases affecting national security and integrity may be enacted by taking views also from State Governments. The law should also include safeguards to ensure impartiality, preventing state governments from feeling powerless.”
The eight states are Kerala, Punjab, Jharkhand, West Bengal, Telangana, Meghalaya, Karnataka, and Tamil Nadu. All of them are ruled by parties that are not part of the Bharatiya Janata Party-led National Democratic Alliance. Under Section 6 of the Delhi Special Police Establishment (DSPE) act , CBI needs the permission of state governments to investigate cases within those provinces, except in cases where orders are issued from the Supreme Court, high courts or Lokpal.
Opposition parties have alleged that many cases filed by CBI are politically motivated, and repeatedly accused the Union government of using federal agencies to target them.
Responding to the report of the committee, Congress leader Abhishek Singhvi said: “If true, this is the most reprehensible, regressive and retrograde step imaginable. It is overtly trying to do what, for several years this control-freak Sarkar has been covertly doing. It is a formal attempt to end the very concept of federalism. CBI’s jurisdiction has been demarcated by the Supreme Court in innumerable decisions and the whole body polity of India must rise as one to oppose unprecedented proposal. CBI must remain an unwanted and uninvited guest subject to 2 exceptions: when state gives consent or when the HC or SC directs transfer of case to CBI.”
Trinamool Congress MP Kalyan Banerjee, who is also a member of the committee, said he could not recall the matter being discussed in the meetings. “Such a law will be completely unconstitutional. This will be akin to infringing on the matters of the state. Such a law, if it comes into effect, will be unconstitutional,” he said.
In its report, the committee, headed by Rajya Sabha MP Brij Lal of the BJP, noted that such a reform is essential to ensure timely and unbiased investigation and prevent delays which will not undermine public trust.
The Parliamentary committee has also asked DOPT to introduced lateral entry for different units within CBI, after the agency informed about not receiving sufficient and suitable nominations of officers from state police, forces which has traditionally been a major source of induction. The committee said that shortage of suitable nominations for deputation to CBI was a serious concern ,as it affected the operational efficiency.
“It should also introduce lateral entry for specialists in cybercrime, forensics, financial fraud, and legal domains. An in-house expertise team should be constituted which will make it less reliable on outside experts. Deputation may be retained only for select senior positions requiring diverse experience, but streamlining recruitment procedure and reforms will help CBI in enhancing operational efficiency and investigative capabilities,” the report said.
