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
April 11,2020

New Delhi, Apr 11: Calling upon chief ministers to popularise Aarogya Setu app, Prime Minister Narendra Modi on Saturday said it will an essential tool in India's fight against coronavirus and referred to the possibility of the app being an "e-pass which could subsequently facilitate travel from one place to other".

Interacting with chief ministers through video conference, the Prime Minister mentioned how South Korea and Singapore had got success in contact tracing and said India has made its own effort through the app amid efforts to contain the spread of coronavirus.

A PMO release said that the Prime Minister spoke about popularizing the Aarogya Setu app to ensure downloads in greater numbers.

"He referred to how South Korea and Singapore got success in contact tracing. Based on those experiences, India has made its own effort through the app which will be an essential tool in India's fight against the pandemic, he said. He also referred to the possibility of the app being an e-pass which could subsequently facilitate travel from one place to another," the release said.

The Prime Minister had earlier this week urged people to download the app saying it is an important step in the fight against COVID-19 and its effectiveness will increase as more people use it.

"Aarogya Setu is an important step in our fight against COVID-19. By leveraging technology, it provides important information. As more and more people use it, it's effectiveness will increase. I urge you all to download it," he had said in a tweet.

The app launched earlier this month in public-private partnership enables people to themselves assess the risk for their catching the coronavirus infection.

The app makes its calculations based on a person's interaction with others, using Bluetooth technology, algorithms and artificial intelligence.

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News Network
January 13,2020

Jan 13: India lost more than $1.33 billion to internet restrictions in 2019 as Prime Minister Narendra Modi’s government pushed ahead with his party’s Hindu nationalist agenda, raising tensions and sparking nationwide protests.

The worst shutdown has been in Kashmir, where after intermittent closures in the first half of the year, the internet has been cut off since Aug. 5 following the government’s decision to revoke the special autonomous status of the country’s only Muslim-majority state, a study said. The prologued closure was criticized by India’s highest court, which ruled Friday that the “limitless” internet shutdown enforced by the government for the last five months was illegal and asked that it be reviewed.

India imposed more internet restrictions than any other large democracy, according to the Cost of Internet Shutdowns 2019 report released by Top10VPN, a U.K.-based digital privacy and security research group. The South Asian nation recorded the third-highest losses after Iraq and Sudan, which lost $2.31 billion and $1.86 billion respectively to disruptions. Worldwide internet restrictions caused losses worth $8.05 billion, the report said.

The cost of internet blackouts was calculated using indicators from groups including the World Bank, International Telecommunication Union, and the Delhi-based Software Freedom Law Center. It includes social media shutdowns in its calculations.

India’s ministry of information and technology didn’t respond to an email seeking a response to the report’s findings.

‘Conservative Estimates’

Through 2019, India shut access to the internet for over 4,000 hours. The report added shutdowns in India were often narrowly targeted, down to the level of blocking city districts for a few hours to allow security forces to restore order. Many of these incidents were not included in the report.

“These are conservative estimates,” said Simon Migliano, head of research at U.K.-based Top10VPN. “Internet shutdowns are increasing and it shows a damaging trend.”

India’s other major internet disruptions coincided with two moves by the government that affect India’s Muslim minority. The first disruption took place in November in the states of Uttar Pradesh and Rajasthan after the Supreme Court handed a victory to Hindu groups over Muslim petitioners in a long-simmering dispute over a plot of land.

There were further disruptions in December when protests erupted against the introduction of a religion-based law that allows undocumented migrants of all faiths except Islam from neighbouring countries to seek Indian citizenship. The government enforced shutdowns across Uttar Pradesh and some Northeastern states in order to quell the protests, the report said.

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News Network
April 18,2020

New Delhi, Apr 18: With 957 new cases of COVID-19 in the last 24 hours and 36 deaths, India's total count of coronavirus cases has surged to 14,792, said the Union Ministry of Health and Family Welfare on Saturday.

The total cases are inclusive of 2,014 cured and discharged patients, one migrated and 488 deaths. At present, there are 12,289 active COVID-19 cases in the country.

Lav Aggarwal, Joint Secretary, Ministry of Health and Family Welfare said that mortality rate due to COVID-19 in our country is around 3.3 per cent.

"An age-wise analysis will tell you that 14.4 per cent of deaths have been reported in the age group of 0-45 years. Between 45-60 years it is 10.3 percent, between 60-75 years it is 33.1 percent and for 75 years, and above it is 42.2 percent," Aggarwal said at a press conference here.

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