CBI says it doesn’t want to appropriate policy-making functions of govt

NEW DELHI: The CBI has told the Supreme Court that it does not intend to take itself out of the executive’s “purview” or “appropriate policy-making functions”, two weeks after coming under criticism from the prime minister for sitting in judgement on government’s policies.

In an affidavit to the SC, which had earlier this year called it a caged parrot and demanded autonomy for the agency, the CBI pushed back at the criticism and said its insistence on secretary-level powers for its director was a “genuine” request only intended to enhance functional efficacy and was not an exercise in “self-aggrandisement”. Giving secretary level status to the director would allow him to report directly to the DoPT minister, bypassing the department secretary, the CBI said.

“An impression has been sought to be created that the CBI wants to appropriate to itself the policy-making functions of the government by insisting on secretary-level powers to the director CBI. Further, it is submitted that it was never the intention of the CBI to take itself out of the purview of the executive control, as provided in the statute,” it said in the affidavit, its first reaction after being criticised on November 11.

At the CBI’s annual meet, both the PM and the FM had rounded up on the agency, using uncharacteristically strong language to criticise it for some of its recent behaviour.

In its affidavit, the CBI said its sole purpose in seeking powers beyond what has been granted to it currently was to empower its director “to enforce and ensure more professional, efficient, expeditious and impartial conduct” of investigations and also ensure the highest level of disciplinary and ethical conduct by CBI personnel.”

CBI’s operational autonomy is predicated on having sufficient financial and administrative strength to ride over routine obstacles that come in the way of day-today functioning, the affidavit said.

The latest affidavit, filed by Sanjay Kumar Singh, a DIG in the agency’s policy division, is a reply to the government’s opposition to secretary status and giving the CBI freedom to choose its own lawyers. The government had opposed these twin suggestions saying it would disturb the requisite checks and balances and would have deleterious effect on the criminal justice system.

The CBI said the proposed changes suggested by it to enhance functional autonomy were only administrative in nature that can be effected without any legislative intervention. “The request of CBI would in no way disturb the statutory scheme of governance or necessary checks and balances,” it said, adding it neither wanted nor desired any status or any extra legal powers that would put it outside the democratic governmental purview.