The Centre today told the Supreme Court that it is bringing significant changes in laws to free CBI from extraneous influences and usher in a new system of appointing its Director providing a say for apex judiciary and Leader of the Opposition while making his removal tougher.
The Director will be given protection him on the lines of the provisions in the CVC law under which the incumbent can be sacked only by the President on a reference by the CVC that he is guilty of misbehaviour or incapacity.
Asked to put in place a law for ensuring independence of and functional autonomy of CBI, the Centre today filed a 41-page affidavit in the apex court detailing the various steps it was planning to insulate the agency from political and other influences. It placed on record the recommendations of the Group of Ministers and Cabinet decisions on the issue.
The government said that Delhi Special Police Establishment Act, under whose provisions the CBI operates, would be amended to provide for a Committee under the aegis of Prime Minister, including the Chief Justice of India or a Supreme Court Judge and the Leader of Opposition in Lok Sabha, that will choose the Director.
At present, the Director is appointed by the Centre from a panel of officers recommended by a committee comprising of Central Vigilance Commissioner (Chairperson), Vigilance Commissioners, Secretary in-charge of Home Ministry and Secretary (Co-ordination and Public Grievances) Cabinet Secretariat.
The affidavit said that CVC will have the power of superintendence and administration over the CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the Centre for rest of the cases.
"While exercising the power of superintendence the Central government shall not exercise powers in such a manner so as to require the Delhi Special Police Establishment(CBI) to investigate or dispose of any case in a particular manner," the government said and added that a Bill would be introduced in Parliament to ensure financial autonomy to the agency.
