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government of the day has proved in-
       strumental in considerably undermining
       the credibility of the CBI, which was once
       regarded as a highly competent and
       professional investigating agency. Politi-
       cal interference and readiness of the CBI
       to be politically influenced have made
       a mockery of the CBI that is expected to
       remain above partisan politics. Some ex-
       perts argue that dispensation at the helm
       in its quest for serving politically vested
       interests usually discards the high ideals
       with which the CBI was created.
          Recent years have witnessed the
       functioning of the CBI being subjected to
       disconcerting questions, irrespective of
       which government was at the helm. The
       poor public perception of the CBI, apart   the meanwhile, the Central Vigilance   • Probing the probers  Top investigators are
       from being shorn of credibility, being a   Commission, the statutory body that   being investigated for corruption charges at CBI
       “meek, incompetent and biased” agency   exercises superintendence over the
       which could be arm-twisted politically   functioning of the CBI for investigation
       at will, has seriously undermined this   of offences related to the prevention   Some experts have suggested for con-
       crucial institution’s significant role in the  of corruption, should be authorised to   stituting a high-level governing board,
       national governance. With the function-  probe current allegations of corruption.   comprising prime minister, Union home
       ing of the CBI having come under severe   Besides, Department of Personnel &   minister and four/five chief ministers
       public scrutiny in cases like the Jain   Training, the agency’s other supervisor,   to be appointed by turn, as its members,
       hawala, 2G scam, coal scam and other   ought to undertake adequate steps to   to frame broad guidelines and keep a
       prominent cases; it was hoped that with   purge the system.  The current system of   watch over the agency’s working. Some
       the passage of 2005 Right to Information  borrowing officers on deputation from   experts have also suggested the bifurca-
       Act this apex investigating agency would  the BSF, CRPF, BSF and other Central   tion of the CBI into an anti-corruption
       be open to public scrutiny to some ex-  police organisations, which has been in   body and a national crime bureau, with
       tent; nevertheless, the agency conveni-  vogue since 2001, should be curtailed   anti-corruption bureau to be put under
       ently managed to get itself exempted   and the old mechanism of directly re-  the control of the Ministry of Personnel
       from the purview of the Act.      cruiting the personnel for the CBI needs   while the national crime bureau should
          The hand-maiden nature of the   to be revived at the earliest to strengthen  be placed under the Ministry of Home
       functioning of the CBI at the will of   and streamline the functioning of this   Affairs.
       the government of the day has led the   apex investigating agency. Some experts   Apart from restoring the image and
       Supreme Court of India to observe that   emphasise on reviving and putting into   credibility of the CBI, there is dire need
       the agency does not have to move with   practice the UPA government’s initiative  of boosting the morale of the hard-
       the “crutches of political executive” and   of forming a Group of Ministers to sug-  working and honest officials of the
       the apex court has expressed its anguish   gest ways to ensure the independence of  agency through sensitizing and incenti-
       over “intrusion” in the functioning of the   the CBI and its functional autonomy. It is   vising them in order to galvanise them
       CBI, requiring its to be “liberated| from   suggested that agency’s officials should   in combating cases of corruption with
       “political influence and interference”   also be encouraged to create a firewall to  added enthusiasm and stem the tide of
       so that the pride of this investigating   prevent political interference.   mounting crime as well. A strong and
       agency could be restored. However, it   Apprehensions among many state   effective investigating agency is prone
       requires strong political will which is   governments of the likelihood of misuse   to augur well with India’s image as a
       currently lacking.                of the CBI by the ruling dispensation   country committed to the rule of law. It
                                         at the Centre to settle political scores   is imperative for every dispensation at
       Way Forward                       spurs these state governments to oppose  the helm to maintain the sanctity of this
       Being mired in controversy does not   enactment of the Central law for the CBI.  agency in the larger public and national
       bode well for the CBI, which needs   Therefore, some critics call for bring-  interest and disallow any machination
       revamping in accordance with the   ing the CBI under a statute to make the   that erodes its credibility.
       recommendations of the Estimate Com-  agency truly accountable for its actions
       mittee of the parliament (1991-1992). In   and inactions.                             letters@tehelka.com



                                        tehelka / 15 november 2018  35  www.tehelka.com



     34-35 Column Anil Singh.indd   3                                                                  02/11/18   11:26 AM
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