The CBI officials have expressed their disappointment over the proposal to create an independent prosecution wing under the general control and superintendence of the Lokpal as recommended by the parliamentary standing committee in the Lokpal Bill.
Sources in the agency said, “Separation of prosecution from the investigation agency may result in sharp decline in conviction rate as has happened in various states of the country.” The parliamentary committee has proposed creation of an independent prosecution wing under the Lokpal. One of the main strength of the CBI is the involvement of law officers in advisory capacity since the beginning of the investigation till its finalisation and subsequently in the conduct of trial, sources added. “This is the one of the reasons for its consistently high conviction rate of 70 per cent,” they said.
The agency officials are also not happy with multiple agencies having general superintendence over the CBI. The agency officials are of the view that there should be only one agency to exercise general superintendence over CBI which can be the Lokpal, sources added.
Besides, the agency in a letter to the DoPT expressed its disappointment over the non-inclusion of the proposal of constituting a panel — comprising the PM, the Leader of the Opposition and any other constitutional authority — for the selection of the agency’s director in the standing committee’s bill.
The selection committee for the post of CBI director should be reconstituted to include the Prime Minister, the Leader of the Opposition and any other constitutional authority, they added.
Sources further said, “The agency has also raised its objection over the proposed amendment in section 173 of the Criminal Procedure Code (CrPC), as recommended by the parliamentary committee”.