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LATEST NEWS UPDATES | Need freedom from babudom, CBI tells top court -Dhananjay Mahapatra

Need freedom from babudom, CBI tells top court -Dhananjay Mahapatra

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published Published on Sep 11, 2013   modified Modified on Sep 11, 2013
-The Times of India


NEW DELHI: At loggerheads with the Centre for wanting to probe top bureaucrats without prior approval in the court-monitored investigation into the coal scam, the CBI on Tuesday startled the Supreme Court by saying it was under the stranglehold of babus who frustrated its every proposal.

During arguments on the necessity to adhere to Section 6A of Delhi Special Police Establishment (DSPE) Act in court-monitored and court-directed investigations, senior advocate Amarendra Saran, appearing for the CBI, said the government was unwilling to give even minor functional autonomy to the agency.

Smarting from the "caged parrot" label given to it by the court after the then law minister audaciously vetted a probe status report meant for judges, Saran attempted to turn the tables by alleging that the Centre had discriminated by not granting ex-officio powers of secretary to the government of India to the CBI director which would allow him to report directly to the minister in charge of the department of personnel and training (DoPT).

If the court had decried the political interference in CBI's investigation work in sensitive cases and had vowed to insulate it from external influences, the agency said it needed budgetary autonomy and "freedom from babudom".

A bench of Justices R M Lodha, Madan B Lokur and Kurian Joseph was taken aback and asked, "Why do you say freedom?" Saran elaborated, "It is a stranglehold. A head clerk at DopT puts 20 objections on every proposal sent by the CBI director for functional autonomy or other issues and returns it."

He added, "Granting ex-officio secretary to the government of India status to the CBI director would allow him to place proposals directly before the minister without interference from babus and ensure functional efficacy to the CBI to enable it to conduct independent and expeditious investigations."

When Saran asked the CBI director to be empowered to set up departmental promotion committees (DPC) for posts up to deputy superintendent of police without the agency having to go to the Union Public Service Commission (UPSC), attorney general G E Vahanvati said he would be able to persuade the government on this issue.

However, on granting the CBI director the status of ex-officio secreatary, Vahanvati said he needed to take instruction from the government as the issue was mired with pitfalls given the fact that Border Security Force and Indo-Tibetan Border Police (ITBP) too were headed by senior police officers who were equal in rank to the CBI director.

The bench asked him to give response by October 29 and reserved its verdict on the issue whether the CBI needed to take competent authority's prior approval to inquire against joint secretary and above rank bureaucrats, as mandated under Section 6A of DSPE Act, in court-monitored investigations.

While the CBI said taking prior permission under Section 6A would amount to stalling court monitoring of the probe, petitioner M L Sharma said once the court has given the direction to the CBI to proceed, further permission from the Centre to inquire against top bureaucrats did not arise.

Advocate Prashant Bhushan, appearing for NGO petitioner 'Common Cause', said in states, the police do not have to seek prior permission to inquire against senior bureaucrats. On the same lines, the CBI should not need permission to inquire under Section 6A in at least court-monitored investigations.


The Times of India, 11 September, 2013, http://timesofindia.indiatimes.com/india/Need-freedom-from-babudom-CBI-tells-top-court/articleshow/22470076.cms


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