HC notice to Centre on plea to insulate CBI from 'influences'

A bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw sought the responses within two weeks from the Ministry of Law and Justice and DoPT, CVC and CBI on the petition seeking to confer "statutory status" upon the agency and ensure its autonomous functioning.

The court's notice came on a PIL filed by Vijay Sai Reddy, a chartered accountant, who is being prosecuted by CBI, alleging the agency was not functioning independently.

Advocate Siddharth Luthra, appearing for Reddy, said some provisions of the Delhi Special Police Establishment (DSPE) Act, which governs the functioning of CBI, has made the agency subservient to diktats of ruling political masters and they (provisions) needed to be "done away with".

Luthra cited the Supreme Court judgement in the Vineet Narain's case and said through the verdict was passed 13 years ago, the judiciary is to intervene to ensure that the agency functions properly.

"It is prayed that for the "institutional integrity" of CBI and its continuing autonomy, the prayers in the present petition ought to be considered.    "The central government ought not to be permitted to use the nation's premier investigating body as an instrument through which political opponents may be targeted or forced to strike political bargains, as this would lead to a grave miscarriage of justice and an attack on the public interest," the PIL said.

The PIL also referred to the nature of the probe conducted by CBI in various cases including the 2G Spectrum scam, disproportionate assets cases against former chief ministers Madhu Koda of Jharkhand and N Chandrababu Naidu of Andhra Pradesh.

It also referred to the "different approach" of probe by the agency in cases in financial irregularities in National Rural Health Mission in Uttar Pradesh, Adarsh Housing Society scam, Satyam fraud, Aarushi Talwar murder, Bhanwari Devi case and Sohrabuddin Sheikh fake encounter case.

"The CBI Manual, which is the guidebook for all CBI officers, is also an essential aspect of the present petition. However, this Manual weakens the independence of the organization even further by requiring CBI to inform and consult the central government regarding sensitive issues like the withdrawal of prosecution and compulsorily having to adopt the government's choice of counsel for legal advice and to present its cases," it said.

Referring to the SC verdict on ensuring freedom of probe by agencies, it said "over past 13 years since that judgement, there have been umpteen instances of CBI having toed the line of the political government at the Centre, leading to either closure of cases against allies or alacrity in investigating political opponents."

The structural infirmities in CBI have impeded the investigative process and several loopholes exist which allow "excessive and unwarranted intervention" by the executive, it said, adding there was a "dire need to revisit the question of the insulation of CBI from external influence."

The amendment the DSPE Act has led to a situation where "not only the choice of Director of CBI and his tenure but also the extension and curtailment of the officers of the higher ranks ...is left in the hands of a committee that has 2 government representatives and the CVC," the PIL said.

It is most appropriate that this court steps in to.... and ensure that CBI is fully and completely permitted to function with the independence required from an elite police agency, it said. The petition also sought a direction to the Centre and DoPT to confer upon CBI the power to select and appoint its own counsel.
It sought striking down of certain provisions of the DSPE Act which allows the executives to have a say in CBI's functioning.