Chennai: The Madras High Court has issued a slew of directions in an attempt to improve the functioning of the Central Bureau of Investigation (CBI) and release the "caged parrot".
"This order is an attempt to release the "Caged Parrot" (CBI)," the court said, adding that the investigating agency should be an autonomous body reporting only to Parliament. "The independence of CBI is necessary for an impartial, neutral, credible investigation of the cases investigated by it. The Hon'ble Supreme Court in Hawala case viz., Vineet Narayanan Vs. Union of India, observed that “CBI” is a caged parrot speaking in its master's voice. The said observation of the Hon'ble Supreme Court is fortified by the statement made by the CBI Director before the Hon'ble Supreme Court in Coal allocation case that a former Law Minister meddled with the statement of CBI filed before the Hon'ble Supreme Court," the Madras High has recounted in its order.
Currently, the CBI derives its powers from the Delhi Special Police Establishment Act of 1946 and the validity of CBI itself is under challenge before the Supreme Court.
Hearing a plea seeking a CBI probe into an alleged ponzi scam in Tamil Nadu to the tune of Rs 300 crore, Justices N Kirubakaran and Justice B Pugalendhi of the Madurai Bench in their judgment, also said, "The Union Government should consider enacting necessary legislation for the CBI to function as an autonomous body. The CBI should function independently like the Election Commission of India and Comptroller and Auditor General of India," it noted.
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“Very sadly, the CBI is dragging its feet, whenever there is a demand for inquiry, on the ground that resources and manpower available with it are restricted and therefore it cannot conduct investigations. This is the usual stereotypical defence of the CBI before courts,” the bench pointed out. The judges said the CBI director should be empowered to report directly to minister and the prime minister with exclusive powers like the cabinet secretary.
The bench also recommended a separate budgetary allocation for the CBI. "Basic infrastructure, constructions, residential facilities, and technical facilities required by the CBI should be completed within six weeks," the judges ordered.
