The Supreme Court has in strong words restricted the functioning of the CBI. But the government is trying to free the investigative agency from political interference. A group of ministers will submit its comments to the Supreme Court on July 3. After that the comments will go to a standing committee of parliament. Meanwhile, the cabinet has cleared a set of recommendations. It was revealed by the media that the former law minister and PMO officials had significantly edited the CBI’s confidential report on coal block allocations to suit the ruling coalition. Consideration is being given to separating the investigative functions of the CBI from its prosecuting functions. A different selection method is also being considered for the appointment of the director of the agency. Its propriety has been called in question. Under the new dispensation, the appointment may be challenged even after the approval of a collegium consisting of the PM, the leader of the opposition and the chief justice. There will also be an oversight panel of retired judges to handle complaints against the CBI. It should not be allowed to curtail the CBI’s investigative authority, experts feel. The panel is not really compatible with the CBI’s operational autonomy. One does not know if more fundamental changes are on the anvil. It is not clear whether the Supreme Court ruling of 1998 striking down the stipulation preventing a probe into the activities of an official above the level of joint secretary will remain operative.
The objective of the proposed changes is to ensure that the CBI is accountable to the elected executive. At the same time, its operations should remain unfettered. A correct balance is called for. The changes should enable the agency to resist political pressure without curtailing executive oversight over it.