NEW DELHI, Apr 16: Advocating for bringing CBI under purview of RTI Act, former Vigilance Commissioner R Srikumar today said the probe agency will never get “hurt” by revealing the truth it gathered in its probe and should win heart of the people by opening itself for public scrutiny.
“The CBI got exemption from RTI Act directly from the Government. They (CBI) did not involve the CVC while seeking complete exemption from the RTI Act.
“As a public institution serving a public cause, CBI should stop taking shelter of secrecy under the RTI Act, and open itself for public scrutiny,” Srikumar told PTI.
His comments come a day after former West Bengal Governor Gopalkrishna Gandhi hit out at CBI for its being “clothed in opacity, ornamented by secrecy and finally perfumed by mystery.”
“For a short time, the CBI came under the RTI Act. The heavens did not fall during that time. But the triple wrappings of opacity, secrecy and mystery made it move to be taken out of the purview of the RTI Act.
“This is a great pity. The CBI is about investigations into corruption and certain crimes. It is not a security or intelligence agency,” Gandhi had said addressing a CBI function here.
The Department of Personnel and Training (DoPT), nodal agency for implementation of the RTI Act, had on June 9, 2011 issued a notification exempting the CBI from the purview of the transparency law.
Srikumar, also a former IPS officer and having an experience of working in CBI, accused the agency of rejecting one of the Central Vigilance Commission’s suggestion of being transparent with its probe.
“In one of its monthly review meetings in 2013, the Commission (CVC) asked Director CBI to examine a suggestion to go public with such evidence as is feasible once probe in a case is over.
“The CBI is yet to complete its examination of this idea to make it accountable to public and improve its credibility,” he said and added that the CBI has since not responded on the matter.
“Investigation is a search for truth and CBI as the premier investigating agency would never get hurt by revealing the truth it gathered in its investigations.
“The courts will judge whether its conclusions are facts based and well reasoned. The public will judge whether the CBI has stood by its motto of Industry, Impartiality, and Integrity in its pursuit of truth,” the former VC said.
Srikumar said if investigation is continuing then CBI should not share information. “But once investigation in a case is completed then there is no harm in sharing the detail with public,” he said.
Srikumar said under Code of Criminal Procedure (CrPC) an accused is supposed to get a copy of the investigation report by a probe agency.
“Under Section 173 (6) of CrPC if a police officer is of the opinion that any part of such investigation or report is not relevant to the accused and its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, then it can’t be given to him. The same can be applied in case of the RTI Act as well,” he said.
Srikumar, who demitted as Vigilance Commissioner on January 27 this year, said there was a need to make CBI’s investigation more transparent.
“Now that Gopalkrishna Gandhi has also advised the CBI to improve its accountability, it is high time the CVC and the CBI answered the call of the times to make CBI investigations more transparent,” he added. (PTI)
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