The question of the independence of the Central Bureau of Investigation has once again come into the spotlight following a recent statement by former CBI director U.S. Mishra that the government sought to put pressure on the investigative agency in the Mayawati Taj Corridor case and the Telgi stamp scam.
This has been denied by V. Narayansamy, PMO minister of state, but it is unlikely that the issue will simply go away after such a rebuttal.
For many years, many people have made the same charge, including leaders of political parties that have enjoyed power at the Centre. It is hard to say if they speak from knowledge, or are merely throwing a political charge at an opponent that happens to be in government.
The CBI is a police organisation. This is the body that is charged with investigating allegations of serious crime — typically corruption — against ministers and other top state functionaries. This aspect of its functioning makes it vulnerable to political influence. Even so, do we really wish to sow the seeds of a police state by making a police outfit a constitutional body like the CAG or the Election Commission?
A more practical way out may be to place the CBI under the country’s top judiciary. Further, the CBI director’s selection, as well as any move for his removal ahead of schedule, should involve the Chief Justice, Leader of the Opposition, head of the CVC, besides the Prime Minister. This should make for sturdy independence in the organisation.