08 Apr A decreasing Credibility of Central Investing Agencies : An analysis in special reference to CBI and ED
A decreasing Credibility of Central Investing Agencies – Today Current Affairs
Context : The Chief Justice of India (CJI), Justice N.V. Ramana, must be lauded for his candid appraisal recently of the pathetic state of India’s investigating agencies. Last week in Delhi, while delivering the annual (and the 19th edition) D.P. Kohli Memorial Talk organized by the Central Bureau of Investigation (CBI), the CJI minced no words in condemning the utter subordination of agencies to the executive and its disastrous consequences for the cause of justice.
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Introduction : During last some years it has been observed that central Agencies like CBI , ED , Income tax raided only those people or politicians who are extreme opponents of the government and those criminals who are pro government, generally they are indirectly protected or supported or ignored by these central agencies . However these central agencies are the subordinate bodies of the Home ministry, Government of India but people of India had great trust on these investigating agencies and this is the responsibility of the Directors of these agencies that they should maintain their credibility. If they are not capable of maintaining credibility , they must resign from their post. There is a strong and independent Judiciary to support and cooperate with these investigating agencies . The directors , if willing and without any greed, want to work independently, those can work . They can easily convince our top leaders of the government in their favor . But because of greediness, (greed of posting , promotion) generally , they are continuously degrading the credibility of these central agencies
Recent Incidents : The Hindu Analysis
Recently , It has been observed that ED raided only on those politicians who are from opposition political party like action taken on Sanjay Raut, a politician of Shiv Sena , Actions taken on the ministers of Maharashtra , Action taken on relatives of Mamata Banerji, CM of Bengal . But no central agencies took any action Ashish Mishra with the pressure of honorable supreme court , a murder accused of farmers. And the surprising thing is that he got bail from high courts, however recently the supreme court scolded on high court. There are several other incidents which are sufficient to prove the degrading credibility of central agencies .
If it may be considered that these actions of central agencies are free from partiality, then there is nothing to justify the role of these agencies in the matter of Ashish Mishra and other criminals of the government supported political parties. Are there no financial anomalies done by any leader of the government in the entire India ? Is it not surprising ?
Judiciary’s gaze is crucial : The Hindu Analysis
To maintain the credibility of these central investigating agencies , the role of our Judiciary is important . The leaders of these agencies can take support from courts if they feel any political pressure . Recently CJI has shown his concern in this regard and warned that investigating agencies will pay a heavy price for their utter willingness to stoop to please politicians should be taken seriously by all outfits, especially the CBI, which has had a patchy record with regard to political interference in sensitive investigations.
In such a situation, our Judiciary must have played an important role to save the credibility of investigating agencies . The Suo moto , High court and the supreme court must have kept their eyes over the investigating agencies so that these agencies could work properly. In this way the people of opposition would also approach central agencies against the leaders of the government and with the support and close eyes of our honorable court, these central investigating agencies would regain their credibility gradually .
The Changing Nature of Central Agencies mainly CBI : The Hindu Analysis
- There is no denying the fact that the CBI has been grossly misused by successive governments. It has been observed in recent days , other central agencies are also being used for political benefits. In 1997, Justice J.S. Verma, a fearless judge, openly criticized the activity of the CBI when CBI was showing partiality in the case of hawala . The CBI was trying to delay this case. It has been observed that , there is below than .01% conviction rate in the cases booked by ED in this year. Today Current Affairs
- The main problem of these investigating agencies is the selection procedure of the directors of these agencies and earlier there was no security of the tenure of directors of CBI. After the intervention of the honorable supreme court the tenure of the director of CBI was secured for 2 years but these type of problems still existed in other central agencies .
- However this is also an avoidable fact that these central agencies can not be made apolitical completely but the political interference must be reduced for retaining its credibility. If we are not able to maintain the credibility of these central investigating agencies , we must dissolve them . because in that situation these agencies would be worthless. The Hindu Analysis
- However it would be unfair to say that these agencies, in every matter , are inefficient for the investigation without any political intervention. There are only 10 % cases in which these agencies do not work properly , their works are influenced with political intervention and this figure may also be reduced with the support of honorable supreme court, honest directors and the honest media .
- There are many brightest officers in these central investigating agencies . There is no doubt regarding their competency . There needs to be a strong and virtuous leader who will not only be honest but also stick his neck out to protect his deputies if and when confronted by an unscrupulous political heavyweight. If the CBI has to tread the path of virtue, it should have the strongest leader with a distinct belief in the law and ethics. Unfortunately, in recent years, at least two Directors brought ignominy to the CBI. This has proved that whatever the courts may do to enforce discipline and adherence to the law, there are the odd leaders who could subvert the system. Little can be done to move away from this unfortunate situation unless there are bold and enlightened persons heading investigation agencies, and who will be firm with the executive if it tries to intimidate junior officers.
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Conclusion ;
As per the above analysis, it may be concluded that there is the need for reforms in the structure of the central agencies and the proposal of on umbrella central investigating agency should not be endorsed before proper discussion and debate . These investigating agencies are the backbone of crime free India (law and order) . If these investigating agencies would be inefficient and of less credibility. Definitely it would impact on rule of Law. Therefore it may be recommended that after proper discussion and debate these central agencies must be reformed and the nature of these investigating agencies must be democratic. In the appointment of the directors of these agencies , there must be a role of opposition also. There must be committees for the appointment of the directors of these agencies . their appointment should not be done by a single authority . There must be some security on the tenure of the directors of these agencies . They should be accountable only to the judiciary , not to any executive.
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Source : The Hindu (Editorial)
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