Sc Moots Panel To Follow Up Vohra Committee Findings Mooted

The Supreme Court yesterday recommended the constitution of an all-powerful independent commission by the President, with the means and power to act on the findings and material of the Vohra committee report on criminalisation of politics and monitor all investigations on the nexus of politicians with criminal mafia.

Making the recommendation on a public interest petition, a division bench comprising Chief Justice A M Ahmadi and Sujatha V Manohar held that the nodal agency set up by the government to follow up the Vohra committee report findings, suffered from certain limitations, as it comprised senior bureaucrats and may not be viewed by the public as completely independent or immune from pressures of every kind.

 

Therefore it (nodal agency) was not suitable for pursuing an investigation into a matter of such grave nature and taking it to the stage of prosecution where there may be nexus between persons under investigation and powerful persons such as those referred to in the report, the judges observed in their 25-page judgement.

The court said in view of the seriousness of the charges involved and the clout wielded by those who were likely to become the focus of the investigation, it was necessary that the body entrusted with the task of following the investigation through the stage of prosecution, be such that it was capable of enjoying complete trust and confidence of the people. The court ruled that the high level independent commission could be set up by the President on the advice of the Prime Minister and with the consultation of the Speaker of the Lok Sabha.

The judges held that in view of the suspicion that those involved may well be individuals who occupy, or have occupied, high positions in government, it was necessary that the body be able to obtain sanctions which were necessarily required before any prosecutions were launched.

The nodal agency in its present form may not command the confidence of the people, in this regard; this is a serious handicap for, in such matters, peoples confidence is of the essence. An institution like the ombudsman or a Lokpal, properly setup, could command such confidence and respect, the judges observed.

The court said it was therefore of the view that the matter needed to be addressed by a body which could function with the highest degree of independence, being completely free from every conceivable influence and pressure.

Such a body must possess the necessary powers to be able to direct investigation of all charges thoroughly before it decides, if at all, to launch prosecutions. To this end the facilities of trained investigators with distinguisable records and impeccable credentials must be made available to it, the court held.