Govt To Seek Review Of Sc Ruling On Cbi

The government has decided to file a review petition in the Supreme Court in connection with the courts ruling on December 18, freeing the Central Board of Investigation and the Enforcement Directorate from government control and directing that statutory status be given to the Central Vigilance Commission.

The Supreme Court also quashed a government directive, which states that prior sanction is required to proceed against senior officers. The courts order has been the subject of heated discussion in political circles, specially since virtually all the governments that have ruled India are seen as having used their control over the CBI and other investigative agencies to their advantage.

 

As per the controversial directive, the CBI is obliged to seek the prior sanction of the Union government before proceeding against officers of joint secretary rank in PSUs, the RBI, and bank chairmen allegedly involved in corruption cases.

The petition is likely to be filed by January 17, the deadline for the government to formulate a response. The dominant view is that the ruling has implications for the rights of the executive and Parliament, specially because implementing the order would mean an amendment to the existing law, something that may not find favour . Providing statutory status to the CVC and bringing the CBI under it would entail an amendment to the Delhi Police Establishment Act, 1946. , under which the CBI functions at present.

This government will file the review petition by January 17. The new government that would come to office after the elections can carry forward the matter. The ruling has implications for the executive and Parliament. This is a disturbing trend, a senior government functionary said yesterday.

Prime Minister Gujral has asked a group of senior officials to study the ruling. Their formulations will form part of the review petition.