CJI Ramana recommends umbrella autonomous institution to bring central agencies under one roof
Apr 01, 2022
New Delhi [India], April 1 : Chief Justice of India NV Ramana on Friday recommends there is an immediate requirement for the creation of an "independent umbrella institution", so as to bring various agencies like the Central Bureau of Investigation (CBI), Serious Fraud Investigation Office (SFIO), Enforcement Directorate (ED), etc. under one roof.
"There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, ED, etc. under one roof. This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions. Such a law will also lead to much needed legislative oversight," CJI Ramana said while delivering the 19th DP Kohli Memorial Lecture in Delhi today.
CJI Ramana, who was speaking on 'Democracy: Role and Responsibilities of Investigative Agencies', said that this umbrella organisation will end a "multiplicity of proceedings".
A single incident these days gets investigated by multiple agencies, often leading to dilution of evidence, a contradiction in depositions, prolonged incarceration of innocents, CJI opined, adding that "it will also save the institution from being blamed as a tool of harassment."
"Once an incident is reported, the organisation should decide as to which specialised wing should take up the investigation," CJI said.
He also suggested that the "umbrella" organization be headed by an independent and impartial authority, which should be appointed by a committee akin to the one which appoints the Director of the CBI and the head of the organisation can be assisted by deputies who are specialists in different domains.
One additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence, CJI said.
He also recommended that there is a need for regular up-gradation of knowledge, deployment of state-of-the-art technology and international exchange programmes to learn the best practices.
"With the police and public order under the State list, and rightly so, the burden of investigation is primarily on the state police. There is no reason why state investigative agencies, which handle most of the investigations, cannot enjoy the same level of credibility as that of the national agency," CJI said.
"The State agencies must be equipped to deal with increasing challenges in the field of investigation. The proposed Central law for the umbrella investigative body can be suitably replicated by the states," CJI said and opined that a harmonious relationship should exist between the State and Central agencies.
CJI also praised DP Kohli, the founding Director of CBI as an exemplary officer, who was renowned for his courage, conviction and remarkable efficiency. His vision turned CBI into the premier investigative agency in India.
The Central Bureau of Investigation organised an Annual Lecture in the memory of its founding Director, DP Kohli and also an investiture ceremony to felicitate CBI Awardees in Vigyan Bhawan in Delhi.