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CBI as a ‘Caged Parrot’: Supreme Court

Last updated on September 14th, 2024 Posted on September 14, 2024 by NEXT IAS Current Affairs Team  269

Syllabus: GS2/Governance

Context

  • Recently, the Supreme Court of India has invoked the expression ‘Caged Parrot’ for the Central Bureau of Investigation (CBI) in a case over the alleged liquor policy ‘scam’ in Delhi.

About

  • Judges, while granting bail to Chief Minister of Delhi in a corruption case related to the excise policy ‘scam,’ reiterated the importance of the CBI shedding its caged image.
  • The term “Caged Parrot” was first coined by the Supreme Court of India in 2013 during the infamous coal block allocation scam. At that time, the CBI was criticised for its perceived lack of independence and susceptibility to political influence.
  • A bench led by Justice R. M. Lodha made the scathing observation that the CBI was akin to a ‘caged parrot speaking in the master’s voice’. It highlighted concerns about the agency’s autonomy and its tendency to act at the behest of those in power.
  • The “Caged Parrot” aptly captured the idea that the CBI, despite being a premier investigative agency, was constrained and controlled, much like a parrot confined within a cage.
Central Bureau of Investigation (CBI)
– Origins and Purpose: It traces its roots back to the Special Police Establishment (SPE), established in 1941 during World War II to investigate bribery and corruption cases.
– In 1963, acting on the recommendations of the Santhanam Committee, the CBI was formally set up by a resolution of the Ministry of Home Affairs.
– Legal Framework: CBI operates under the Delhi Special Police Establishment (DSPE) Act 1946, which grants it the authority to investigate cases related not only to corruption but also to major criminal offences.
– However, interestingly, the term “CBI” itself doesn’t explicitly appear in the DSPE Act. It is not a statutory body.
Functions
– It functions under the Ministry of Personnel, Public Grievances and Pensions of the central government, and is exempted from the purview of the Right to Information (RTI) Act.
– Investigating Corruption: The CBI handles cases related to corruption, bribery, and economic offences.
– Economic Crimes: It tackles financial frauds, narcotics, smuggling, and other economic crimes.
– Special Crimes: Terrorism, kidnapping, and other serious offences fall within its purview.
– It is also the nodal police agency in India that coordinates investigations on behalf of Interpol member countries.
Jurisdiction
– Section 6 of the DPSE Act authorises the central government to direct CBI to probe a case within the jurisdiction of any state on the recommendation of the concerned state government.
– The courts can also order a CBI probe, and even monitor the progress of investigation.
– CBI can suo-moto take up investigation of offences only in the Union Territories.

Autonomy and Superintendence of CBI

  • The CBI is often referred to as an ‘autonomous body’.
  • The Central Vigilance Commission (CVC) plays a critical role in overseeing the CBI by CVC Act (2003) that ensures that there is no interference in the agency’s investigations.
  • Even the CVC cannot meddle with the manner of investigation; its superintendence is limited to broader oversight.

Challenges and Criticisms

  • Administrative Autonomy: The CBI’s senior officer appointments often depend on deputation from state or other central forces. It can impact its independence.
    • An ordinance passed in 2021 extended the tenures of CBI directors from two to five years, with annual extensions. It was argued that extension of tenure undermines institutional checks and balances.
  • Financial Dependence: The CBI lacks full financial autonomy, as its administrative and financial control rests with the Ministry of Personnel.
  • Lack of Resources: The lack of modern infrastructure, forensic labs, and technical experts hampers the quality and speed of investigations.
  • Coordination Issue: There are coordination issues with state police and other investigative agencies, leading to gaps in intelligence sharing and joint operations.

Way Ahead & Conclusion

  • As the CBI continues its crucial role in investigating high-profile cases, it must strive to be more than a mere “parrot” repeating others’ words.
  • Granting the Central Bureau of Investigation (CBI) statutory status through a dedicated legislation, rather than relying on the Delhi Special Police Establishment Act, 1946, will provide clarity and independence.
  • The Second Administrative Reforms Commission (ARC) recommended the CBI’s structural independence to shield it from executive influence.
  • The CBI must invest in modern technology, training, and infrastructure to enhance its efficiency in handling complex investigations and cases involving economic offenses, cybercrimes, and corruption.
  • Court-monitored investigations and setting up a mechanism for suo moto investigations could ensure independence in sensitive cases.

Source: IE

 
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