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Madras HC ruling on CBI: An opportunity for NDA to fix many evils at one shot
By Rakesh Ranjan- 19 Aug 2021
1276New Delhi (19.08.2021): Unsolicited advice is rarely appreciated. Indeed, mostly they are frowned upon and rejected. So the advice of the Madurai bench of Madras High Court to make the Central Bureau of Investigation (CBI) an autonomous body like the Election Commission of India (ECI), however appropriate and may indeed be the need of the hour to fulfill the PM's slogan of "minimum government and maximum governance, may not find favor with the central government. The Madras HC ruling or advice may sound far-fetched and outlandish in view of the governing classes' proclivity and penchant for exploiting the police organizations of the country for their personal and political agenda. One doesn't have to make a serious effort to figure this out. Just look at the way the SC judgment in the Prakash Singh case on reforming the police forces stand sabotaged in letter and spirit in the years since 2006 when it was delivered. The reality is that even the SC has been unable to compel the state administrations to follow its rulings in the Prakash Singh case. So the question of the central government taking the Madras HC advice or ruling seriously may just not arise. Further, there may be serious obstacles raised by the state governments even if the central government shows its desire and willingness to remodel the CBI on the pattern of the US FBI. It may be noted that the US FBI, of its own volition, can snoop on, investigate, and prosecute cases in all those cases where it has collected actionable intelligence. If this were to happen in India, the majority of the honorable members of the governing classes may have to spend long years in the wilderness like former Bihar CM Lalu Prasad. All said and done, it's creditable that Justice N Kirubakaran and Justice P Pugalendhi of the High Court while hearing a plea seeking a CBI probe into an alleged financial fraud of Rs 300 crore in Ramanathapuram district, in their judgment ruled, "The CBI should function independently like Election Commission. The funds required for the CBI should be allocated in the budget within a year." Indeed, the judges have hit the nail at the right place. It's a different matter that their advice may go unheeded till the time the voters in this country are able to make intelligent choices. And that may be a long-drawn affair. But there is one way out. Since the NDA administration has no known or unknown skeleton in its cupboards, it may let the cat among the pigeons by going the whole hog for implementing the Madras HC advice or ruling. It may also currently suit its political convenience as its opponents in certain state governments have often been seen blocking the CBI from conducting its investigations on the dubious plea of preserving their rights. Since CBI needs state governments approvals in all the cases falling under the domain of state governments, the agency finds itself too often handicapped in investigating even serious cases of financial fraud on the people like what happened in the Ramanathapuram case. Quite sensibly, the High Court said that the Central Government should consider enacting the necessary legislation for the CBI to function as an autonomous body. The judgment further says, "CBI Director should be empowered to report directly to the Minister and the Prime Minister with exclusive powers like the Cabinet Secretary and should act alone without being under the administration of the Central Government." The ruling added: "The CBI should be provided with the modern facilities and technologies, like Federal Bureau of Investigation (FBI) of the US and Scotland Yard of the UK". The Court further said the basic infrastructure, constructions, residential facilities, and technical facilities required by the CBI should be completed within six weeks. "The policy decision on the recruitment of persons with expertise in cyber and forensics and financial audit should be made within six weeks. Action should be taken to fill the vacancies," the court added. The Madurai bench also said that the cases pending till December 31, 2020, should be completed expeditiously. A report in this regard should be filed within six weeks or the CBI Director should be present. (By Rakesh Ranjan)
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Madras HC ruling on CBI: An opportunity for NDA to fix many evils at one shot
By Rakesh Ranjan - 2021-08-19 20:19:00
New Delhi (19.08.2021): Unsolicited advice is rarely appreciated. Indeed, mostly they are frowned upon and rejected. So the advice of the Madurai bench of Madras High Court to make the Central Bureau of Investigation (CBI) an autonomous body like the Election Commission of India (ECI), however appropriate and may indeed be the need of the hour to fulfill the PM's slogan of "minimum government and maximum governance, may not find favor with the central government.
The Madras HC ruling or advice may sound far-fetched and outlandish in view of the governing classes' proclivity and penchant for exploiting the police organizations of the country for their personal and political agenda. One doesn't have to make a serious effort to figure this out. Just look at the way the SC judgment in the Prakash Singh case on reforming the police forces stand sabotaged in letter and spirit in the years since 2006 when it was delivered.
The reality is that even the SC has been unable to compel the state administrations to follow its rulings in the Prakash Singh case. So the question of the central government taking the Madras HC advice or ruling seriously may just not arise.
Further, there may be serious obstacles raised by the state governments even if the central government shows its desire and willingness to remodel the CBI on the pattern of the US FBI. It may be noted that the US FBI, of its own volition, can snoop on, investigate, and prosecute cases in all those cases where it has collected actionable intelligence. If this were to happen in India, the majority of the honorable members of the governing classes may have to spend long years in the wilderness like former Bihar CM Lalu Prasad.
All said and done, it's creditable that Justice N Kirubakaran and Justice P Pugalendhi of the High Court while hearing a plea seeking a CBI probe into an alleged financial fraud of Rs 300 crore in Ramanathapuram district, in their judgment ruled, "The CBI should function independently like Election Commission. The funds required for the CBI should be allocated in the budget within a year."
Indeed, the judges have hit the nail at the right place. It's a different matter that their advice may go unheeded till the time the voters in this country are able to make intelligent choices. And that may be a long-drawn affair.
But there is one way out. Since the NDA administration has no known or unknown skeleton in its cupboards, it may let the cat among the pigeons by going the whole hog for implementing the Madras HC advice or ruling. It may also currently suit its political convenience as its opponents in certain state governments have often been seen blocking the CBI from conducting its investigations on the dubious plea of preserving their rights. Since CBI needs state governments approvals in all the cases falling under the domain of state governments, the agency finds itself too often handicapped in investigating even serious cases of financial fraud on the people like what happened in the Ramanathapuram case.
Quite sensibly, the High Court said that the Central Government should consider enacting the necessary legislation for the CBI to function as an autonomous body. The judgment further says, "CBI Director should be empowered to report directly to the Minister and the Prime Minister with exclusive powers like the Cabinet Secretary and should act alone without being under the administration of the Central Government."
The ruling added: "The CBI should be provided with the modern facilities and technologies, like Federal Bureau of Investigation (FBI) of the US and Scotland Yard of the UK".
The Court further said the basic infrastructure, constructions, residential facilities, and technical facilities required by the CBI should be completed within six weeks.
"The policy decision on the recruitment of persons with expertise in cyber and forensics and financial audit should be made within six weeks. Action should be taken to fill the vacancies," the court added.
The Madurai bench also said that the cases pending till December 31, 2020, should be completed expeditiously. A report in this regard should be filed within six weeks or the CBI Director should be present.
(By Rakesh Ranjan)
