Editorial

Legal complexities of CBI’s powers and functions

Prime Minister Narendra Modi throwing weight behind the Central Bureau of Investigation (CBI) is seen as a huge morale booster

Sentinel Digital Desk

Prime Minister Narendra Modi throwing weight behind the Central Bureau of Investigation (CBI) is seen as a huge morale booster for the central investigative agency when opposition parties have been crying foul over alleged misuse of central agencies by the government. With less than a year left for the 2024 Lok Sabha poll process to start, the issue is poised to snowball into a key electoral issue for the ruling as well as opposition parties. The Supreme Court is scheduled to take up for hearing on April 5 a plea filed by 14 opposition political parties led by Congress which alleges arbitrary use of Enforcement Directorate and CBI in arresting opposition leaders. The Parliamentary Standing Committee on Personnel, Public Grievance, Law and Justice has recommended enactment of a new law to define the status and power of the CBI which indicates towards legal complexities that limit its function and investigation into alleged corruption cases. The Prime Minister, in his speech on the occasion of inauguration of the diamond jubilee celebrations of the CBI, urged its officers to take action “without hesitation against the corrupt, however powerful.” He also asked them “not to be deterred by the history of the power of the corrupt and the ecosystem created by them” to tarnish the investigative agencies. “These people will keep distracting you, but you have to focus on your work. No corrupt person should be spared. There should be no laxity in our efforts. This is the wish of the country, this is the wish of the countrymen. The country, law and constitution are with you,” the Prime Minister said. He also claimed that CBI has instilled trust among the common citizens of the country through their work and skills. He cited the example that at times protests erupt in cities for a case to be handed over to CBI and even at the Panchayat level when a matter arises, a mutual voice amongst the citizens demands a CBI inquiry to substantiate his claim. Modi’s assertion that “Corruption is not an ordinary crime, it snatches the rights of the poor, it begets many other crimes, corruption is the biggest obstacle in the path of justice and democracy”, strikes chord with ordinary citizens. His point of view that corruption in the government system hampers democracy and the first casualty are the dreams of the youth as in such circumstances a certain type of ecosystem flourishes killing talent, promotes nepotism and a dynastic system which erodes the nation’s strength, seriously hampering development, will be weighed by ordinary citizens against the allegation raised by opposition leaders to judge if the charges brought are aimed at protecting the “corrupt leaders” as alleged by the ruling party. To drive home his point on the legacy of corruption the country, the Prime Minister said that “Even a Prime Minister once said, for every rupee sent out to the poor, only 15 paise reaches them” which will refresh public memory of the famous remark made in 1980 by the then Prime Minister Rajiv Gandhi. The opposition, more particularly the Congress will find it hard to counter the allegations of prevalence of corruptions during its rule even while seeking to make a strong legal case against alleged misuse of central agencies against opposition leaders. The Prime Minister’s insistence on Direct Benefit Transfer (DBT) as an effective means of rooting out corruption in government service delivery and assertion that about 2.25 lakh crore rupees of the country have been saved from going into the wrong hands due to DBT will make it difficult for opposition parties to counter allegations of corruption such as issuing fake ration cards in fictitious names to siphon benefits under public distribution system while depriving genuine beneficiaries prior to introduction of the DBT system. The parliamentary standing committee, however, pointed out in its report that CBI functions under Delhi Special Police Establishment (DSPE) Act, 1946, as per which it needs consent of the State Government to exercise powers and jurisdiction in any area, not being Union Territory or Railway area. Hence, the consent of the State Government is necessary for CBI to exercise powers and jurisdiction in any case against an accused person or entities by the CBI. However, in cases where the investigation is entrusted to CBI by the constitutional courts, such consent is not required. Nine states withdrew general consent given to the CBI under the Act for investigation of cases. The Committee recommended enactment of a new law and define the status, functions and powers of the CBI and also lay down safeguards to ensure objectivity and impartiality in its functioning to overcome these limitations in the Act which hampers investigations. Closer to Lok Saba polls political campaigns over the larger issue of corruption may overshadow legal complexities of CBI’s powers and functions.