Don't want all-powerful, unchecked CBI director, govt tells SC


New Delhi, Aug 3 (IANS): The central government Friday shot down most of the suggestions by the CBI seeking to fortify its independence, telling the Supreme Court that an all-powerful agency director without adequate checks and balances would not be in harmony with the constitutional scheme of things.

"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 level," the government said in its affidavit filed Friday in the apex court.

It expressed its stand while rejecting the CBI's proposals including plea for its director to ex-officio powers of secretary to the union government for greater financial, administrative and disciplinary powers, three years tenure, powers to make appointments at superintendent of police level, taking the nod of the selection committee for the removal of the director and other issues.

The government said that the Group of Ministers had finalised its recommendations on granting independence to the CBI and insulating it from political interferences July 3 only after it considered the views of the CBI director at a meeting June 24.

The government, the affidavit said, was guided by three principle before making the recommendation of making CBI independent that included that the provisions of the Lokpal bill, already been passed by the Lok Sabha covering CBI and the Delhi Police Special Establishment, had to be kept in view while finalising the recommendations of the GoM.

The other two principles that weighed with the GoM was that the "government is accountable and answerable to the parliament and therefore the right of the executive to run the government, subject to checks and balances, cannot be taken away" and finally the "any kind of autonomy must be matched by accountability".

The government said that it had an "open mind" that upon retirement, the CBI director should not be eligible for re-appointment. Such a "provision shall contribute to independence and impartiality of the DCBI only if any and all post-retirement employment to the DCBI is precluded".

  

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Comment on this article

  • Rion, udupi

    Sat, Aug 03 2013

    This is drama between Govt and CBI, deal has been fixed and the action is "YOU ACT SLAPPING AND I BEHAVE LIKE CRYING", public will make a issue and forget.

    DisAgree Agree Reply Report Abuse

  • Ravi Bhaskar Shenava, Mangalore

    Sat, Aug 03 2013

    This is the indirect way of telling that they want only Puppet & Parrot CBI.
    Corrupt Politicians want unbridled power only for themselves, that is why the Politicians belonging to all the Parties including Leftists, suddenly got united forgetting all their different ideologies and Passed Resolution to exempt political parties from RTI Act.

    DisAgree Agree [5] Reply Report Abuse

  • Bulsam, Mangalore

    Sat, Aug 03 2013

    We don't want all-powerful and unchecked politician too. With such power, they turn into dirty politicians and forget that they too are the elected public servants. The Supreme Court and the elite in the society should find a solution to curtail such super power to our elected representatives. The CBI should not fall under the control of the government instead their control should fall jointly to the govt and the judiciary. The politicians should come under RTI and Lokayukta with a conditional privileged rider.
    Jai Hind!

    DisAgree [1] Agree [6] Reply Report Abuse

  • Anil Misquith, Abu dhabi

    Sat, Aug 03 2013

    CBI Chief will be less risky than D!RTY POL!T!CIAN$.

    DisAgree [1] Agree [12] Reply Report Abuse

  • shubha Nayak, Mulki

    Sat, Aug 03 2013

    No value for Democracy & Justice.Corruption can't be controlled in India.

    DisAgree Agree [12] Reply Report Abuse

  • Prasanna, Mangalore

    Sat, Aug 03 2013

    Jeevan Your Dongi BJP also supported the Dongi Congress to keep away the Political parties away from RTI and for Janlokpal your Dongi BJP is always against it. Now only option for the Supreme Court is to appoint SIT for inquiries.

    DisAgree [6] Agree [15] Reply Report Abuse

  • jeevan, mangalore

    Sat, Aug 03 2013

    We need govt controlled CBI to give clean chits.. we need weak Janlokpal to accumulate wealth...we dont need RTI for politial parties... to enjoy power... we need weak judiciary not to touch politicians.. SHAME ON YOU DONGI CONGI..... you are curse for india... Anna & Kalam must join together to throw this corrupt govt...

    DisAgree [6] Agree [13] Reply Report Abuse

  • Charles D'Mello, Pangala

    Sat, Aug 03 2013

    Another way of involving corruption fearlessly...!!!???

    DisAgree [1] Agree [17] Reply Report Abuse

  • Rosario Fernandes, Kallianpur

    Sat, Aug 03 2013

    High time our PM should resign.
    We have had enough of his Bolapan.

    DisAgree [4] Agree [6] Reply Report Abuse


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