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LATEST NEWS UPDATES | Lokpal ‘flaw’ puts CBI under CVC in some graft cases

Lokpal ‘flaw’ puts CBI under CVC in some graft cases

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published Published on Jan 3, 2014   modified Modified on Jan 3, 2014
-The Times of India


NEW DELHI: The Lokpal Bill was passed by Parliament a fortnight ago and signed by the President last week, but the CBI has now pointed out a flaw in it saying that the agency will not be able to file chargesheets against Group C and D officials without consulting the Central Vigilance Commission (CVC) as the government has taken away its powers under CrPC through the Lokpal law.

The agency is planning to raise the issue with the law ministry. The reaction from the CBI is belated because the agency was a party throughout the discussion of the bill.

Under Section 173 of the Criminal Procedure Code (CrPC) 1973, the investigating officer, after concluding its probe in a given matter, files its final report only before the competent magistrate. CBI sources said according to CrPC provisions, which have been vetted by various courts, an investigating officer files a report only before a competent magistrate, but now the new provision make it necessary to show it to the CVC as well, which is a serious dilution of CBI's powers.

Senior officials said they would soon write to the law ministry seeking clarity on the issue and, if necessary, make changes in the Lokpal and CVC Act accordingly.

So far in the matters referred by the CVC also, the CBI investigated the cases and filed its final report before the competent magistrate. But now, under the new law, modifications have been made in the CVC Act as well.

Under the new provisions, an investigating officer cannot proceed to file the final report without showing it to the CVC in cases which have been routed to it through the anti-corruption watchdog.

"Notwithstanding anything contained in Section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Establishment (CBI) shall, in respect of cases referred to it by the Commission, submit the probe report to the Commission. The Commission shall consider every report received by it under sub-section (2) from any agency ... and may decide as to a) file chargesheet or closure report against the public servant b) initiate the departmental proceedings or any other appropriate action against the public servant by competent authority," it says.

CBI sources said under CrPC provisions, which have been vetted by various courts, an investigating officer files a report in cases against Group C & D officials only before a competent magistrate. But under the Lokpal Bill the CBI will have to show the report to the CVC, which is a dilution of its powers.


The Times of India, 3 January, 2014, http://timesofindia.indiatimes.com/india/Lokpal-flaw-puts-CBI-under-CVC-in-some-graft-cases/articleshow/28303732.cms


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