The Coalgate case before the Supreme Court has led to an interesting debate on the question of making or not making the CBI an autonomous organization in letter and in spirit. This debate stemmed from the remark of the Apex Court that the CBI was like a “caged parrot”. It is the view of the Apex Court that an organization controlled by the Government agency cannot function impartially. In such circumstances, the CBI will not be able to make impartial investigation into the cases that are of vital national interests. In other words it is said that since the Government appoints CBI Director and his powers are restricted, he is liable to be influenced by the Government in one way or the other. The need is that CBI has to be liberated from the grip of the Government. For this purpose the CBI had demanded that the Director be given full powers. It has also rejected the appointment of Accountability Commission.
However, the Government in a 22-page affidavit has contended that all-powerful Chief of CBI without checks and balances entails the risk of “potential misuse” of power. It believes that all-powerful Chief would not be consonant with the settled Constitutional principle. In regard to prosecution of senior bureaucrats the CBI had suggested constitution of a committee headed by CVC to grant sanction. But the Department of Personnel and Training (DoPT) took a tough stand against this suggestion.
In nutshell the Government of India is not prepared to grant full powers to the Chief of CBI that would make it autonomous in letter and in spirit. Its apprehension is that it would be unwise to grant unlimited powers to a functionary of this rank. On the other hand the CBI feels that as long as it is not given full powers and made autonomous in letter and in spirit, it cannot be expected to be impartial in real sense of the term. Now the matter is before the Supreme Court and the nation has to wait for the judgment. All that the Indian nation wants is that accountability of people in authority should be fair and above board. This issue has come up in the background of mega scams that have taken place in the country during last two years. These scams have thrown up the scenario or considerable deficiencies and discrepancies in the existing system. We are confident that the Apex Court will deal this sensitive issue most judiciously and the people of India will not have any grouse or complaint in regard to dispensation of justice.
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