CJI on CBI: On Friday, Chief Justice of India N.V. Ramana noted that, like any other reputable institution, the Central Bureau of Investigation (CBI) had been under intense public scrutiny over time. In several circumstances, its acts and inactions have generated doubts about its legitimacy.
He said there was an imperative need for the development of an independent umbrella organization to combine multiple central agencies like the CBI, Enforcement Directorate, and the Serious Fraud Investigation Office under one roof while delivering the 19th D.P. Kohli Memorial Lecture, organized by the CBI.
CBI losing credibility
“We have a strong interest in bolstering democracy because we fundamentally believe in the democratic way of life.” We Indians adore our independence. When autocrats attempted to grab our independence, our vigilant citizens did not hesitate to reclaim power from them. As a result, all institutions, particularly law enforcement and investigative authorities, must defend and strengthen democratic norms,” he stated.
The police and investigation agencies like CBI, according to Chief Justice Ramana, should not allow authoritarian inclinations to come in. “They must operate within the democratic framework established by the Constitution.” Any divergence will wreak havoc on the institutions and erode our democracy. “Police and investigative agencies may have de-facto legality, but they still need to win social legitimacy as institutions,” he said.
“This entity is essential to be constituted under a statute, clearly outlining its powers, responsibilities, and jurisdictions,” he said, recommending an independent umbrella institution. A measure like this will also provide much-needed legislative oversight.”
He believes the organization should be led by an independent and impartial figure chosen by a committee similar to the one that chose the CBI Director. Its leader could be aided by deputies who specialize in certain fields.
“This umbrella organization will bring an end to the proliferation of proceedings.” A single incident is now examined by many agencies, which frequently results in dilution of evidence, contradictory depositions, and the detention of innocent people. It will also protect the institution from being accused of being a harassment weapon. “Once an incident is reported, the organization must pick which specialized wing will conduct the inquiry,” he explained.
Separate and autonomous wings for prosecution and investigation, according to the CJI, is another built-in precaution that ensures ultimate independence. A provision in the proposed law for an annual audit of the institution’s performance by the appointing committee would be a reasonable check and balance.
“With the police and public order under the State list, and appropriately so, the responsibility of inquiry is primarily on the State police,” Chief Justice Ramana stated. There’s no reason why state investigative agencies, which handle the majority of cases, can’t have the same level of trust as national agencies. State agencies must be prepared to deal with growing obstacles in the investigation field. States can easily replicate the proposed Central law for the umbrella investigating agency.”
Given that the purpose of all those institutions was to establish justice, he said there should be a healthy relationship between the State and Central authorities, and coordination was vital.
Chief Justice Ramana previously stated that the Constitution gave independent India’s justice system legitimacy, saying, “Unfortunately, our investigating agencies still do not have the benefit of being led by a complete legislation.” The development of an independent and autonomous investigative agency is urgently required.
Previously, the CJI stated that CBI Director Subodh Kumar Jaiswal impressed him as an officer dedicated to strengthening the agency’s operations. “I recall occasions when the CBI, in its panic, would hold multiple press conferences before conducting a genuine inquiry. “I am pleased to note that the organization is maintaining a low profile, as it should be, under the current leadership,” he stated.
CJI: Adequate representation of women in the criminal justice system is required
“Ultimately, you must remember that your allegiance must be to the Constitution and the rule of law, not to any individual,” Justice Ramana added. “You will be remembered for your courage, beliefs, and heroism when you stand tall,” he said, adding that policing was more than a job, but a calling. Breaking the nexus with the political administration was the first step toward reclaiming social legitimacy and public trust, which was urgently needed.
Chief Justice Ramana stated that police changes had been long overdue and identified many concerns that he claimed were harming the system. They included a lack of infrastructure, appropriate people, and contemporary equipment; inhumane working conditions, particularly at the lowest levels; questionable ways of obtaining evidence; officers who did not follow the rules; and erring officers who were not held accountable.
Lack of public prosecutors and standing counsels; seeking adjournments; arraigning hundreds of witnesses and filing voluminous documents in pending trials; undue imprisonment of undertrials; change in priorities with the change in the political executive; cherry-picking of evidence; and repeated transfers of officers leading to a change in the direction of the investigation were among the issues that caused trials to be delayed.