Lok Pal Act flaws will help accused, says CBI

The bureau will write to law ministry about provision requiring it to seek Central Vigilance Commission's nod to prosecute certain senior officials

The Lok Pal Act is set to become a bone of contention between the government and the Central Bureau of Investigation (CBI).

The investigative agency is planning to write to the law ministry about the flaws in the Act, particularly relating to a section that requires CBI to seek the permission of the Central Vigilance Commission (CVC) for prosecuting Category-C and -D officials, comprising non-gazetted personnel. However, a chargesheet can be filed only before a magistrate.

A senior CBI official said the provisions of the Lok Pal Act violated the Criminal Procedure Code (CrPC). According to the CrPC provisions, a chargesheet has to be filed before a magistrate and its content cannot be revealed to any other organisation or person. “There are major loopholes in the Act. We don’t know what is in the mind of the government,” the official added.

CBI has to seek the Lok Pal’s permission to prosecute gazetted officers under categories A and B. The official said such contradicting provisions and presence of multiple institutions would favour the accused. “Because of these reasons, so many cases cannot stand their ground in the court. Many trap cases (where a trap is set to catch offenders) by Delhi Police have failed in court,” the official pointed out.

CBI had earlier welcomed the Act but said it would leave little scope for the agency to register cases on its own as cases would be referred to it by CVC, Lok Pal, courts, etc. CBI is also concerned about duplicity of cases as various government agencies would be involved, given its staff crunch.

The agency’s 2,500 investigation officers handle 1,000-1,200 cases in a year. There is a 50 per cent manpower crunch in CBI. The Lok Pal Act was passed by the Lok Sabha in December. The Act has proposed that a directorate of prosecution be formed to ensure the independence of CBI. Appointment of the director of prosecution would be on the recommendation of the Central Vigilance Commissioner.

According to the Lok Pal, the appointment of the CBI director would be on the recommendation of a high-powered committee chaired by the Prime Minister. The collegium will comprise the leader of opposition in the Lok Sabha and the Chief Justice of India or a Supreme Court judge nominated by him. As of now, the Centre appoints the CBI director.

The Lok Pal would consist of a chairperson and up to eight members, of which 50 per cent would be judicial members. Fifty per cent members of the Lok Pal would be from scheduled castes, scheduled tribes, other backward classes, minorities and women.