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Context - The Chief Justice of India raised concern over the ‘falling credibility’ of the Central Bureau of Investigation (CBI).
Details
- The Chief Justice of India stated that the Central Bureau of Investigation (CBI) actions and inactions had raised questions about its credibility.
- Chief Justice said that the police and the investigation agencies need to perform within the democratic framework as defined under the Constitution. Any deviation from the constitutional democratic framework will hurt the institutions and will weaken our democracy.
- He mentioned that the organisation should be headed by an independent and neutral authority.
- CJI expressed there is an immediate need for the creation of an autonomous umbrella organisation, to bring various central agencies like the CBI, Enforcement Directorate and the Serious Fraud Investigation Office under one roof.
- This umbrella institution will end the multiplicity of proceedings.
- The CJI stated that there is a need to separate autonomous wings for prosecution and investigation, to ensure total independence.
- Need to ensure a reasonable check and balance in the institution’s performance.
- Chief said, “The State agencies must be equipped to deal with increasing challenges in the field of investigation”.
- Need to ensure a harmonious relationship between the State and Central agencies, as the goal of all organisations is to secure justice.
- The CJI stated that there is a need for adequate representation of women in the criminal justice system.
About Central Bureau of Investigation (CBI)
- The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel.
- The Special Police Establishment set up in 1941 was also merged with the CBI.
- The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
- The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.
- The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration.
- It also provides assistance to the Central Vigilance Commission and Lokpal.
- The CBI investigates crimes of corruption, economic offences and serious and organized crime other than terrorism.
- For Terrorism: The National Investigation Agency (NIA) has been constituted after the Mumbai terror attack in 2008 mainly for the investigation of incidents of terrorist attacks, funding of terrorism and other terror-related crime.
- CBI is headed by a Director. He is assisted by a special director or an additional director.
- The Central Government appoints the Director of CBI on the recommendation of a three-member committee consisting of;
- The Prime Minister as Chairperson
- The Leader of Opposition in the Lok Sabha
- The Chief Justice of India or Judge of the Supreme Court nominated by him.
Cases Investigated by the CBI
- Anti-Corruption Crimes - Investigate cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India.
- Economic Crimes - Investigate major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank fraud and Cyber Crime, Smuggling of narcotics, antiques, cultural property and smuggling etc.
- Special Crimes - Investigate seriously and organised crime under the Indian Penal Code and other laws at the requests of State Governments or on the orders of the Supreme Court and High Courts.
- Suo Moto Cases - CBI can suo-moto take up investigation of offences only in the Union Territories.
- The Central Government can authorise CBI to investigate a crime in a State but only with the consent of the concerned State Government.
- The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in the country without the consent of the State.
Criminal Justice System in India
- The Criminal Justice System in India is a century-old system established by the colonial power.
- This system hardly experienced any substantial changes even after 70 years of Independence.
- The Criminal Justice system includes the agencies of government charged with enforcing law and order, deciding criminal offences, and correcting criminal conduct.
- The criminal justice system has the power to control crime and punish criminals and ensure rule of law in society.
- Source of Criminal law in India: Indian Penal Code of 1860, Protection of Civil Rights Act 1955, etc.
- The Criminal Justice System investigates, decides whether a person is guilty or not, and then imposes penalties on those who violate the established laws.
- Criminal law and criminal procedure are part of the concurrent list of the seventh schedule of the constitution.
Why reform the Indian Criminal Justice System?
- Less than 20% of the total people booked for criminal offences are finally convicted. Low rate of conviction points to the inefficiency of the Criminal Justice System in India.
- Century-old Indian Criminal Justice System has promoted dissatisfaction among people due to its lengthy and costly nature and also increased burden on the judiciary.
- Lack of Cooperation and coordination among the judiciary, the prosecution and the police.
- Ministry of Law and Justice stated that the government, including PSUs and other autonomous bodies, are party to around “46%” of 3.14 crore court cases pending in various courts in the country, making it the biggest litigant in the country.
- A large number of guilty go unpunished. On the other hand, many innocent people remain as undertrial prisoners as well. According to NCRB data, 67% of our total prison population comprises undertrial prisoners.
- The nature of crime is changing fast in the world of digital connectivity and technological innovations.
Steps were taken by the government to reform the system
- The entire Code of Criminal Procedure (CrPC) was amended in 1973.
- The Vohra Committee was appointed for reforming the Criminal Justice System in India.
- Malimath Committee was formed by the government to suggest reform in the Indian criminal justice system.
- Adoption of “National Litigation Policy 2010” to transform government into an Efficient and Responsible litigant.
- Legal Information Management and Briefing System (LIMBS), was created in 2015 with the objective of tracking cases to which the government is a party.
Steps were taken by Supreme Court to reform the system
- Supreme Court advised the centre that criminals sentenced to imprisonment for 6 months or a year should be allocated social service duties rather than be sent to further choke the already on overflowing prisons
- SC Collegiums of judges decided to publish the reasons for recommending the appointment of a person as a judge of SC or HC.
- SC has allowed live-Streaming of Certain Cases of Constitutional or national importance.
Concern
- The Supreme Court of India has criticised the CBI by calling it a "caged parrot speaking in its master's voice", due to excessive political interference in it’s functioning.
- It has often been used by the government of the day to cover up wrongdoing and keep coalition allies in line and political opponents at bay.
- It has been accused of enormous delays in concluding investigations.
- Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act.
- Shortage of personnel
- Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of the investigation by the CBI.
Way Forward
- Improving the image of the agency is one of the biggest challenges till now as the agency has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like the Bofors scandal; Hawala scandal, Bhopal gas tragedy, 2008 Aarushi Talwar murder case.
- Delink the CBI from the administrative control of the government, as long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
- Providing statutory status through legislation equivalent to that provided to the Comptroller and Auditor General and the Election Commission will help maintain the independence of the institution.
https://www.thehindu.com/news/national/chief-justice-of-india-flags-falling-credibility-of-cbi/article65282123.ece
