Maintaining that its demand for autonomy and more powers to its director are legitimate, the CBI in its affidavit filed in the Supreme Court on Tuesday reiterated that the chief of the agency should be given more administrative, financial and disciplinary powers to enable him to discharge his duties efficiently.
Countering the Centre’s apprehension that more powers to the head of the agency would not be consonant with settled constitutional principles, the agency categorically argued that the powers which have been demanded by it are within the framework of the constitution, sources said. In its affidavit, the agency said the Centre’s proposals were contradiction to give functional autonomy and violative of very principles of natural justice. The CBI has said that whatever demand has been made in its affidavit could be provided with an “executive order” only.
The Centre on August 2 opposed in the top court the agency’s plea for more power to its director and for increasing his tenure to three years. In the 22-page affidavit, the government also rejected CBI’s opposition for an accountability commission for the agency. The government said it is also against vesting complete disciplinary control of “Group A” officers with the CBI director. “An all powerful director CBI without adequate checks and balances would not be consonant with settled Constitutional principles and would always carry the risk of potential misuse and may not be conducive to fearless and independent functioning of the organisation at all levels. Therefore, averments of CBI are not agreed with,” said the centre’s affidavit. The Centre maintained that there is no interference in the functioning of the CBI director and the officer has been given financial powers equivalent to that of DG, CRPF.
The CBI, in its affidavit, said it is necessary that the director should be vested with ex-officio powers of secretary of Government of India reporting directly to the minister without having to go through the DoPT. “Since it is a premier investigating agency, therefore, the head of the agency should not depend on a particular ministry or department for discharge of financial and certain administrative requirements. This has been mentioned in agency’s affidavit,” sources said.
The top court, which is monitoring CBI’s investigations into the coal scam probe, is expected to scrutinise the stand taken by both the CBI and the Centre on August 29.
The top court, during a hearing on the coal scam case on May 8, had said, “The CBI has become a caged parrot. We can’t have CBI a caged parrot speaking in master’s voice.”
It is a sordid saga where there are many masters and one parrot”.