India's Chief Justice Ranjan Gogoi said on Tuesday that the country's main investigating agency – the Central Bureau – should get "legal status by law" to free Investigation from administrative control. He said that the statutory position should be the same as that of the National Detector, Controller and General Detector General and that the administration and financial autonomy should be advocated for the agency.
Speaking at a CBI-hosted program, Judge Gogoi praised the CBI for being one of the few investigative agencies that has managed to "get out of place" for itself. He said, "Because whenever there is no political influence on the case, the CBI does a good job."
He said public attention is drawn to failure rather than success of any public institution.
"True, the agency has not been able to meet the standards of judicial scrutiny in a number of high profile and politically sensitive cases. It is equally true that such errors may not have been rare." "Such examples reflect systemic issues and suggest deep differences between organizational aspirations, organizational structure, working culture and management politics."
"Although the agency's superintendence and control still lie to the administration in large part as per Article 4 of the Delhi Special Police Establishment Act 1946, its potential to be used as a political tool is always present." He added, "Before adding, I have no doubt that the organization has more than enough strength to cope with any such situation."
"Efforts should be made to sever crucial aspects of the CBI from the overall administrative control of the government. The CBI should be given legal status through a law given to the Comptroller and Detector General (CAG). The legal order of the CBI must be strengthened," he said. Charter, a measure to address the limitations of authority, superintendence and oversight deficiencies By law, "he said.
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