Why CBI does a good job when there is no political overtone to a case: CJI Ranjan Gogoi

Observing that possibility of CBI being used as a "political instrument" remains ever present, Chief Justice of India Ranjan Gogoi posed a question on August 13 "why is that whenever re is political overtone to a case, ncy does a good job".

Gogoi said that efforts should be me to "delink crucial aspects" of CBI from overall ministrative control of government. 

He also suggested for putting 'public order' in concurrent list, for limited purposes of investigating interstate crimes.

Delivering 18th D P Kohli memorial lecture, organised by ncy after a hiatus of two years, Gogoi said CBI should be given statutory status through legislation equivalent to Comptroller and Auditor General. 

Kohli was founder Director of ncy.

legal mandate of CBI must be strengned by having a comprehensive legislation dressing deficiencies relating to organisational structure, charter of functions, limits of power, superintendence, and oversight, Gogoi said. 

He said as superintendence and control of CBI continues to, in large measure, lie with executive through Delhi Special Police Establishment Act 1946, "possibility of it being used as a political instrument" remains ever present.

"I have doubt that re is more than eugh strength within organisation to deal with any such situation," he said. 

He said continued failure of successive governments to initiate reforms aimed at instilling automy, accountability and professionalism in working of CBI resulted in public interest litigations marking beginning of concerted efforts by judiciary to remedy some of its malies. 

apex court issued extensive guidelines to secure its functioning from excessive political interference, he said.

" supervision and control h to be such that it ensured that police and ncy served people without any regard, whatsoever, to status and position of any person while investigating a crime or taking preventive measures," he said.

He said its approach h to be service-oriented, its role has to be defined so that in appropriate cases, where on account of acts of omission and commission of ncy, Rule of Law became a casualty, guilty personnel were brought to book and appropriate action taken without any delay.

Gogoi said many recommendations of judiciary to reform functioning of CBI have been accepted as it is by central government.

"However, given entrenched afflictions, current challenge is to ascertain how to make CBI functional as an efficient and impartial investigative ncy fully motivated and guided by objectives of service to public at large, upholding constitutional rights and liberty of people, and capable of performing in increasingly complex time," he said.

RE | Chief Justice Ranjan Gogoi Writes To PM Modi, Seeks Increase In Number Of Supreme Court Judges

CJI categorised "crucial concerns" regarding CBI in five hes -- Legal ambiguity, weak human resources, lack of equate investment, accountability and political and ministrative interference.

Underlining legal ambiguities in functioning of CBI, CJI said in order to conduct investigation into a state, consent of concerned state is crucial.

"Given vested interests or bureaucratic lethargy, such consent is often eir denied or delayed, severely compromising investigation," he said.

He said to dress an increasing incidence of interstate crimes, an argument could be me for including 'public order' in concurrent list, for limited purposes of investigating such crimes.

ministrative automy without financial automy makes for a toothless tiger, he said underlining persistent demand of ncy for financial automy. 

"Ironically, however various committees, including Parliamentary Committee, has on numerous occasions pointed to slow pace of fund utilisation, which in turn led to steep reduction of funds. This does t augur well for numerous projects undertaken by CBI...," he said.

He, however, cautioned that automy without accountability would endanger very objectives that animated formation of institution. 

Gogoi also suggested to fill vacancies in CBI, training of its manpower and maintain morale of force by enforcing stringent internal accountability.

He said as a multi-faceted multi-disciplinary investigating ncy with a wide range of work, CBI has for most part enjoyed tremendous trust of citizens.

Unfortunately, attention is more often than t drawn to failure than success of any public institution, he said. 

"True, in a number of high-profile and politically-sensitive cases ncy has t been able to meet standards of judicial scrutiny. Equally true it is that such lapses may t have happened infrequently," he said. 

Such instances reflect systemic issues and indicate a deep mismatch between institutional aspirations, organisational design, working culture, and governing politics, he said. 

"Why is that whenever re are political overtones to case, CBI does a good job. A reverse situation led to celebrated case of Vineet Narain vs UOI, wherein SC expressing concern at state of affairs, laid down explicit guidelines for protecting integrity of force," he said.

Given intense scrutiny that working of CBI is being subjected to, public perception of ncy must be of highest degree, he said. 

RE | ‘Hope Belligerent Behaviour By Individuals, Groups Are Exceptions’, Says CJI Ranjan Gogoi In A Cryptic Mess