New Delhi: The government on Wednesday filed an affidavit in the Supreme Court opposing autonomy to the Central Bureau of Investigation (CBI). The government in its 23-page affidavit said the CBI chief cannot be given the status of an ex-officio secretary as it will amount to centering too much power in one authority.
The government told the Supreme Court that although the CBI Director is in the grade and pay scale of the Secretary but agency's demand for ex-officio power cannot be granted as it would alter the organisational relationship between government department and its subordinate offices.
"While considering the demands of a particular subordinate office like the CBI, it has to keep in mind the issue of parity with similarly-placed organisations and it is not desirable to create new precedent which would create heartburn in similarly-placed organisations. The mere fact of same pay scales does not alter the organisational relationship between the government departments and its subordinate offices. Other Central Armed Forces, Central Police Organisations, officers of the Armed Services many of whom may be enjoying similar pay scales or even higher to that of the Secretary to the government but that does not alter the official procedure," the affidavit said.
It said that if such demand by one organisation is acceded to by the government, there will be similar demands raised by other subordinate organisations.
"Government is accountable and answerable to Parliament and therefore the right of the executive to run the government, subject to checks and balances, cannot be taken away," it said, adding, "Granting the ex-officio powers of the Secretary would run contrary to the rules and affect the statutory scheme of governance."
"The vesting of ex-officio Secretary powers upon the CBI Director is strongly opposed as it will seriously jeopardise the scheme of checks and balances envisaged in the governance as well as other deleterious effects it is likely to have on the criminal justice system," it said.
The Center is facing flak from the Opposition for interfering with and influencing the work of the apex investigating agency. The BJP and the Supreme Court has called the CBI 'Congress Bureau Investigation' and 'a caged bird' respectively.
During the CBI golden jubilee celebrations in New Delhi, Prime Minister Manmohan Singh had said the government will give functional autonomy to the CBI but the agency would be governed by the general rules of the executive government. However, on Wednesday the Centre backtracked from its statement of giving autonomy to the CBI.
With the CBI's functioning also having been questioned by the Supreme Court off late, the Prime Minister chose to favour no interference in the agency's functioning but also made it clear how the agency was embedded in the Indian system. Singh said, "It is worth introspecting if the debate on autonomy is losing sight of the fact that the CBI and other investigating agencies are part of the executive."
Finance Minister P Chidambaram, who headed the Group of Ministers on CBI's autonomy, had said the government will give functional autonomy to it but the agency would be governed by the general rules of the executive government. "We have conceded all the powers that will give you functional autonomy along with investigative autonomy. We have done our best to give you that functional autonomy...But that autonomous powers must be exercised as part of executive government," he said.
He said it is important for CBI to remember they are part of executive government. "I want you to remember that you are part of executive...There is only one executive government. We cannot create more branches of executive government. We cannot create sub-branches of executive government. There is a judiciary, there is an executive, there is a legislature.
"CBI is part of executive government and therefore the CBI is as much bound by the general principles which apply to all wings of executive government," he said.
The Opposition and the Supreme Court has charged the Centre of using the CBI for its own motives and benefits. The Supreme Court said, "The CBI has become a caged parrot speaking in its master's voice. It's a sordid saga that there are many masters and giving unbridled power to the CBI is not possible. The CBI has become the police force and is in the administrative control of the Central government. CBI investigations have to be independent," the SC said in its observations in the coal scam.
The Supreme Court had asked the Centre to come out with a law to insulate the CBI from external influence and intrusion.
(With additional information from PTI)
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