By Lokendra Malik
While delivering the DP Kohli Memorial Lecture, organised by the Central Bureau of Investigation (CBI) in Delhi a few days ago, Chief Justice of India (CJI) NV Ramana expressed concern about the falling standards of investigation by the Bureau.
He said: “With the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny as its actions and inactions have raised questions regarding its credibility in some cases.” He also said: “When it comes to the CBI, it possessed immense trust of the public in its initial phase. In fact, the judiciary used to be flooded with requests for transfer of investigations to the CBI, as it was a symbol of impartiality and independence. Whenever the citizenry doubted the skill and impartiality of its own state police, they sought investigation by the CBI, as they wanted justice to be done.” He also appreciated the sacrifice made by its officers for the nation.
But he was also critical of the agency and sent out a message to it to improve its working culture, reputation and credibility. “The need of the hour is to reclaim social legitimacy and public trust. The first step to gain the same is to break the nexus with the political executive,” the CJI reminded the CBI.
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He also emphasised the role of the leadership of the CBI to gain public trust and credibility. “Often the best talents enter this system in expectation of recognition and accolades. But, if the threat of infection looms large, honest and upright officers find it difficult to stand by their oath. The truth is that no matter how deficient and non-cooperative the other institutions may be, if you all stand by your ethic and stand united with integrity, nothing can come in the way of your duty. In fact, this stands true for all institutions. This is where the role of leadership comes into play. The institution is as good, or as bad, as its leadership. A few upright officers can bring a revolution within the system. We can either go with the flow or we can be a role model. The choice is ours,” the CJI rightly said.
He also suggested measures to bring qualitative reforms in the structure of central investigation agencies, including the CBI. The CJI focused on the creation of an agency that can absorb all the existing criminal and law-enforcement agencies of the centre. “There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, ED, etc. under one roof. This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions. Such a law will also lead to a much-needed legislative oversight. It is imperative for the organisation to be headed by an independent and impartial authority, to be appointed by a committee akin to the one which appoints the director of the CBI. The head of the organisation can be assisted by deputies who are specialists in different domains,” the CJI opined.
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He said this umbrella organisation will end the multiplicity of proceedings. A single incident these days gets investigated by multiple agencies, often leading to “dilution of evidence, contradiction in depositions, and prolonged incarceration of innocents. It will also save the institution from being blamed as a tool of harassment. Once an incident is reported, the organisation should decide as to which specialised wing should take up investigation”.
The CJI gave several suggestions to build a strong central investigation agency under one roof. He said it should have separate and autonomous wings for prosecution and investigation in order to ensure total independence. He also stated that a provision should be made in the proposed law for the annual audit of the performance of the institution by the appointing committee that can work as a check and balance.
This is not the first time that a CJI has made critical remarks about the CBI and other investigation agencies. In 2013, during the tenure of the UPA-2 government, a two-judge bench of the Supreme Court called the CBI “a caged parrot”. At that time, the Court was hearing the coal scam case wherein it had criticised the CBI’s investigation. The Court had also pointed fingers at the government for allegedly interfering in the investigation report of the CBI, saying “the heart of the report was changed on suggestions of government officials”.
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In addition, the political class and civil society have also criticised the functioning of the CBI several times. It is widely believed that all governments misuse the CBI to harass Opposition parties and their leaders. Other agencies like the ED, Income Tax, NCB, etc., have also come under public criticism and scrutiny from time to time. Recently, the NCB had come under a cloud when it arrested superstar Shah Rukh Khan’s son Aryan Khan without substantive evidence. A few years ago, the ED and the CBI had arrested Congress leader P Chidambaram based on some evidence produced in Court in a sealed cover. The Court had deprecated the sealed cover procedure adopted by the investigation agencies.
During the last few years, some non-BJP ruled states also withdrew their consent to refer cases to the CBI. It shows a deepening distrust for the premier investigation agency. Also, this trend weakens our federal constitutional structure. Opposition parties have blamed the NDA government for misusing the CBI and other criminal investigation agencies to settle political scores.
No agency can or should be allowed to violate people’s fundamental rights under political influence. Public trust is the greatest strength of investigation agencies. If they lose that, their credibility and integrity will be lost.
The time has come for the CBI and other agencies to take the CJI’s remarks seriously. The idea to create an autonomous umbrella organisation is unique, but has its pros and cons. The government should consider this seriously.
No agency should be allowed to arrest people without credible evidence or act like a puppet. And no government should be allowed to use the agencies as tools of harassment and intimidation. They are made for a greater purpose. An objective and unbiased investigation of crimes is a must. The agencies need to be committed to the Constitution and laws, not to the political executives.
As CJI Ramana said:
“Ultimately, you must remember that your allegiance must be to the Constitution and the rule of law, and not to any person. When you stand upright, you shall be remembered for your courage, principles and valour. The political executive will change with time. But you, as an institution are permanent. Be impermeable and be independent. Pledge solidarity to your service. Your fraternity is your strength.”
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—The writer is an advocate, Supreme Court