Political masters will change, but institution is permanent: CJI asks CBI to be independent

Chief Justice of India N V Ramana on Friday asked the CBI to be "impermeable and independent", saying the political executive will change, but the investigating agency as an institution is permanent.

"Ultimately, you must remember that your allegiance must be to the Constitution and the rule of law, and not to any person. When you stand upright, you shall be remembered for your courage, principles and valour," he said.

Addressing the 19th D P Kohli Memorial Lecture on "Democracy: Role and Responsibilities of Investigative Agencies" organised by the CBI at Vigyan Bhawan here, the CJI said the need of the hour is for police to reclaim social legitimacy and public trust, and break the nexus with the political executive.

He said the misuse of police by political masters is not a new feature – the British Empire deployed domination, surveillance and coercion, which remained the enduring feature of the Indian police.

He also emphasised the need for an umbrella organisation as a single incident these days is investigated by multiple agencies, often leading to dilution of evidence, contradiction in depositions, and prolonged incarceration of innocents.

“There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, ED, etc under one roof. This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions. Such a law will also lead to much needed legislative oversight,” he said.

It is imperative for the organization to be headed by an independent and impartial authority, to be appointed by a committee akin to the one which appoints the Director of the CBI, he said.

“It will also save the institution from being blamed as a tool of harassment. Once an incident is reported, the organisation should decide as to which specialised wing should take up investigation”, he added.

He also suggested autonomous wings for prosecution and investigation, in order to ensure total independence.

The CJI also handed the President’s police medal to 34 officers, the CBI Gold Medal to one officer and the DP Kohli award to two officers.

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