Government affidavit on CBI autonomy: PM, Leader of Opposition and Chief Justice to select chief

NEW DELHI: The CBI director will be selected by a panel comprising the PM, Opposition Leader and the Chief Justice of India as part of the government’s measure to grant it autonomy. Only IPS officers of seniority, integrity and experience would be considered for the post and the director would hold office for at least two years, the Centre told the Supreme Court in an affidavit on July 3.


The affidavit was based on recommendations made by a Group of Ministers, set up after SC castigated the government over the CBI probe into coal blocks allocations. Investigators probing the case had admitted to sharing a report on the case with officials in the law ministry and PMO before it was presented in SC. The Cent re said the 1946 Delhi Special Police Establishment Act, which governs CBI, would be amended to implement the recommendations but stopped short of committing to any timeline.

The CBI director would only be transferred after the panel’s nod and be removed only if found guilty of misbehaviour or incapacity after an inquiry by CVC on a reference made to him by the President, says the affidavit. During the probe, he shall be suspended and prohibited from attending office. Financial autonomy for CBI also has been proposed: The director shall have financial powers exercisable by DG of CRPF. To ensure functional autonomy, the government proposes that the administration and superintendence of CBI in high-profile corruption cases be vested with the CVC. But CVC will not have the power to direct CBI to probe or dispose any case.

In all other cases, CBI would be administered and supervised by the Centre. The affidavit suggested a three-month limit for sanctions sought for prosecution. Any order declining such request shall contain supporting reasons. The prosecution director would be appointed by another selection committee with CVC as its chairman. He would be selected from among a list of special public prosecutors, Indian Legal Service officers with 10 years’ standing and senior advocates.

CVC would be the final authority supervising and monitoring prosecution in courts. In case of a difference of opinion with the director, the issue shall be referred to the A-G. The government also proposed to have a three-member accountability commission, comprising retired judges of SC or HC, to inquire into allegations against any CBI officer.