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
January 17,2020

Mumbai, Jan 17: A 68-year-old convict of the 1993 Mumbai serial blasts case, Jalees Ansari, went missing on Thursday morning while being on parole, officials said.

Ansari, a resident of Mominpura in Agripada here who is serving a life term, is suspected to be involved in many bomb blast cases across the country, an official said.

He was on parole for 21 days from the Ajmer Central Prison, Rajasthan, and was expected to surrender before prison authorities on Friday, he said.

During the parole period, he was ordered to visit the Agripada Police Station everyday between 10.30 am and 12 pm to mark his attendance, he said.

However, Ansari did not visit the police station on Thursday during the designated time, the official said.

In the afternoon, his 35-year-old son Jaid Ansari approached the police station with a complaint about his “missing” father, he said.

According to the complaint, Jalees Ansari woke up in the early hoursand told family members he is going to offer namaz, but did not return home.

On his complaint, the Agripada Police registered a missing case, he said.

The Crime Branch of the Mumbai Police and the Maharashtra ATS have launched a massive manhunt to trace him, he said.

Jalees, who is known as Doctor Bomb, was allegedly connected with terror outfits like SIMI and Indian Mujahidin and taught terror groups how to make bombs, he said.

He was also questioned by the NIA in 2011 in connection with the 2008 bomb blast in Mumbai, he said.

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News Network
July 25,2020

New Delhi, Jul 25: Congress leader Rahul Gandhi on Saturday accused the government of benefitting by making profits during the coronavirus-induced lockdown when people were in trouble.

He tagged a news report that claimed the Indian Railways was making profit by running 'Shramik trains' for transporting migrants during the pandemic.

"There are clouds of disease and people are in trouble, but one seeks to benefit -- this anti-people government is converting a disaster into profits and is earning," he said in a tweet in Hindi.

The news report claimed that the railways made a profit of Rs 428 crore by running Shramik special trains during the lockdown that transported migrants to their native places.

In another tweet, he lauded the efforts of the Himachal government in conducting a survey to select 'one district, one product', saying he had suggested this sometime back.

"This is a good idea. I had suggested it some time back. Its implementation will need a complete change of mindset," he said on Twitter.

He also tagged a report that stated the state Industries Department is conducting a baseline survey in all districts to select one district, one product for centrally-sponsored Micro and Small Enterprises Cluster Development Programme (MSE-CDP). 

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News Network
May 19,2020

New Delhi, May 19: In a fresh blow to saffronite journalist Arnab Goswami, the Supreme Court of India today rejected his plea seeking transfer of the investigation of a case, filed against him for defaming Congress interim president Sonia Gandhi, to the CBI. The court also refused to quash the FIRs filed against him.

Goswami, editor-in-chief of Republic TV, has been booked in connection with a TV show on the gathering of migrants outside Bandra railway station on April 14. This apart, multiple FIRs have been filed against him for his show on Palghar lynching. In that show, he had posed certain questions on the incident to Congress President Sonia Gandhi, following which Congress workers lodged complaints against him in various states.

Extending Goswami’s interim protection from arrest by three weeks, the Supreme Court said, “Right of a journalist under 19 1 (a) higher…Free citizens can’t exist if news media can’t speak.”

During the earlier hearing, Senior Advocate Harish Salve, appearing for Goswami, had urged the court to transfer the probe to an agency like CBI. He said the “nature of the” second FIR against Goswami over a show on the migrant gathering outside Bandra station on April 14 “shows that it’s arm-twisting tactic”. 

“They are trying to stifle an unpleasant voice. This is a political party targeting a journalist. All complainants are members of one political party. They have a problem with the government. They want to teach this journalist a lesson,” he added.

Objecting to Salve’s plea to transfer the case to the CBI, Maharashtra government counsel, Senior Advocate Kapil Sibal, had said, “CBI investigation will go into your hands”. 

Sibal denied that Goswami was being harassed and said he was only asked relevant questions. He said Goswami should “stop this communal violence and communal mongering”.

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