All powerful CBI chief without checks risky: Centre to SC

August 2, 2013
New Delhi, Aug 2: Setting the stage for a standoff in the Supreme Court on the autonomy issue, an assertive Centre today junked CBI's stand for more power for its Director with a minimum three-year term, saying an all powerful Chief without checks and balances entails the risk of "potential misuse".

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Rejecting CBI's opposition for an Accountability Commission for the agency, the Centre in an affidavit also said that the need for an "external, independent and strong watchdog is imperative".

The Department of Personnel and Training(DoPT) also took a tough stand on CBI's plea for an independent committee headed by CVC to grant sanction for prosecution of senior bureaucrats and insisted on retaining such powers.

The government stand raises questions on its assurance of ensuring autonomy given to the Supreme Court which had described CBI as a "caged parrot" that has to be insulated from interference by political executives and external influences.

"An all powerful Director CBI without adequate checks and balances would not be consonant with settled Constitutional principles and would always carry the risk of potential misuse and may not be conducive to fearless and independent functioning of the organisation at all levels. Therefore, averments of CBI are not agreed with," the 22-page affidavit said.

The issue of CBI's autonomy had cropped up in the wake of of the agnecy sharing its probe report on Coalgate with the political executive.

The apex court, which is monitoring investigation, will scrutinise the stand taken by both the CBI and the Centre on August 6 during hearing of the PIL filed by advocate Manohar Lal Sharma on the issue.

While opposing the CBI's claim for giving complete disciplinary control over its Group A officers to its Director, the Centre said "it is not desirable to create new precedence which would create heartburn and dissension in similarly placed organisations".

"Vesting complete disciplinary control of Group A officers with the Director would not only be against the law but also be against settled principles of administration wherein safeguards have been provided to officers so that they work without fear or favour," the Centre said.

Strongly pleading for a watchdog over the working of the CBI, the Centre submitted that such mechanism is necessary as the agency outside the purview of RTI and "authority without accountability will be draconian".

"It is submitted that autonomy and accountability go hand in hand. Government is duty bound to protect its citizens against misuse of power and arbitrary action by any institution. Authority without accountability will be draconian," it said.

The Centre submitted that internal vigilance mechanism of CBI would not be able to deliver on the complaints against its officials as the CVO of CBI is a full time employee of the agency and may not be in a position to question the Director on potential acts of ommission and commission.

"Instances of complaints with regard to manner of investigatiion do surface for which there is no forum for redressal by the affected citizenry. Therefor the need for an external, independent and strong watchdog is imperative," the Centre said adding "an external body will instill discipline in CBI."

"There have been instances in the past where allegations of extortion and bribery leading to coloured investigation have emerged against some CBI officials. An external Accountability Commission would only help in furthering the integrity of investigation," it said.

The Centre also opposed the plea of CBI seeking three-year minimum tenure for its director and the proposal that only a person who has served in the agency at supervisory level be appointed to head it.

"In any case this minimum tenure of two years would not be an impediment to the long term perspective of the organisation. It does not preclude a longer term if necessary. Tenures of all senior strategic positions in Governemnt of India are on similar lines," the Centre said.

On the issue of sanction, the Centre said that there is no need for setting up a commiittee as the administrative Ministry has the best domain knowledge to take a clear view on the involvement of an officer in any given set of circumstances.

"A committee of external agencies would have to depend, in any case, on the inputs from the ministry. Moreover, committee system will add one more layer of decision making and is likely to cause more delay. Therefore it is the administrative ministry which is in the best position for according approval for investigation or enquiry within the shortest possible time," it said.

The government also opposed CBI's plea for wanting autonomy in appointing a panel of Special counsel without it's approval saying "any overriding powers of the Director over prosecution would compromise the impartiality".

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News Network
July 21,2020

New Delhi, Jul 21: The Centre has written to all states and union territories warning against the use of N-95 masks with valved respirator by people, saying these don't prevent the virus from spreading out and are "detrimental" to the measures adopted for its containment.

The Director-General of Health Services in the Ministry of Health, in a letter to the Principal Secretaries of health and medical education of states, said it has been observed that there is "inappropriate use" of N-95 masks, particularly those with valved respirator, by the public other than designated health workers.

The DGHS referred to the advisory on the use of homemade protective cover for face and mouth available on the website of the Ministry of Health.

"It is to bring to your knowledge that the use of valved respirator N-95 masks is detrimental to the measures adopted for preventing the spread of coronavirus as it does not prevent the virus from escaping out of the mask. In view of the above, I request you to instruct all concerned to follow the use of face/mouth cover and prevent inappropriate use of N-95 masks," DGHS Rajiv Garg said in the letter.

The government had in April issued an advisory on the use of homemade protective cover for face and mouth, asking people to wear it, particularly when they step out of their residences.

The advisory stressed such face covers must be washed and cleaned each day, as instructed and states that any used cotton cloth can be used to make this face cover. 

The colour of the fabric does not matter but one must ensure that the fabric is washed well in boiling water for five minutes and dried well before making the face cover. Adding salt to this water is recommended, it said.

It also listed the procedures of making such homemade masks, asking to ensure it fits the face well and there are no gaps on the sides.

It urges people to wash hands thoroughly before wearing the face cover,  switching to another fresh one as the face cover becomes damp or humid, and never reusing it after single use without cleaning it. 

"Never share the face cover with anyone. Every member in a family should have separate face cover," the advisory stated.

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Agencies
June 2,2020

Singapore, Jun 2: Moody's Investors Service on Tuesday downgraded 11 Indian banks along with as many non-financial companies and infrastructure majors besides four government-related issuers following a downgrade of the Indian government's issuer rating to Baa3 from Baa2 with a negative outlook.

The rapid and widening spread of the coronavirus outbreak, deteriorating global economic outlook, volatile oil prices and asset price declines are creating a severe and extensive credit shock across many sectors, regions and markets, said Moody's.

The Indian banking sector has been affected given the disruptions to India's economic activity from the coronavirus outbreak, which is weakening borrowers' credit profiles, it added.

The 11 lenders include Bank of Baroda, Bank of India, Canara Bank, Central Bank of India, Export-Import Bank of India, HDFC Bank, Indian Overseas Bank, IndusInd Bank, Punjab National Bank, State Bank of India and Union Bank of India.

The 11 non-finance companies are Oil and Natural Gas Corporation, Hindustan Petroleum Corporation, Oil India, Indian Oil Corporation, Bharat Petroleum Corporation, Petronet LNG, Tata Consultancy Services, Infosys, Reliance Industries, UPL Corporation and Genpact.

The 11 infrastructure companies are NTPC, NHPC, National Highways Authority of India, Power Grid Corporation, Gail India, Adani Green Energy Restricted Group (RG-2), Adani Transmission Restricted Group, Adani Ports and Special Economic Zone, Adani Transmission, Adani Electricity Mumbai and Azure Power Solar Energy.

The four Indian government-related issuers are Indian Railway Finance Corporation, Housing and Urban Development Corporation, Power Finance Corporation and REC Ltd.

"Government-related issuers in India have been affected because of disruptions to India's economy which will weaken borrowers' credit profiles," said Moody's.

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Agencies
January 22,2020

Kochi, Jan 22: The Left front government in Kerala on Monday decided to inform the Centre it would not cooperate with the updation of the NPR, saying there were fears among the public about the process and it has the "Constitutional responsibility" to alleviate them and ensure law and order.

A special cabinet meeting, chaired by Chief Minister Pinarayi Vijayan here, decided to inform the Registrar General and Census Commissioner under the Union Home Ministry that it was unable to cooperate with anything with regard to the updation of the NPR.

"The decision was taken as it was the Constitutional responsibility of the government to alleviate the fears of general public and ensure law and order situation in the state," a Chief Minister's Office release said.

However, the state would fully cooperate with the census procedures, it said.

The LDF government, which has been on a warpath against the Centre over the Citizenship Amendment Act, has last month stayed all activities related to updation of NPR, considering 'apprehensions' of public that it would lead to NRC in the wake of the controversial CAA.

"As the NPR is a process that leads to the National Register of Citizens (NRC), there is a sense of fear among the people that its implementation could lead to widespread insecurity", the CMO release said on Monday.

The experience of the state which had already compiled the NRC was an example for this, it added, in apparent reference to Assam.

Kerala had already stopped all procedures regarding the NPR updation, the release said adding there was also a report of the state police that the if the government went ahead with the procedures, it would adversely impact the law and order situation.

The district collectors have also informed the government that the Census procedures would be affected if the updation of the NPR was done along with it, the CMO release said.

The CPI(M)-led LDF government had recently convened a meeting of political parties and socio-religious organisations here on December 29 in the wake of the concerns among people in various stratas of the society, it said.

A special assembly session was convened and a resolution was passed requesting the Centre not to implement the CAA and the government had also approached the apex court against the law, it added.

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