New Delhi, May 22, 2012 : Notwithstanding the raging NCTC
controversy, a Parliamentary panel has recommended giving CBI
"effective" statutory backing through enactment of a law
similar to NIA act so that the agency can probe corruption
cases throughout the country without the states' consent.
The panel made the recommendation observing it is a "dire
need" of the hour.
"The Committee takes note of the opinion of the learned
AG (Attorney General). But, it is noteworthy that a federal
legislation, viz, The National Investigation Agency(NIA) Act,
2008 is in place, which provides for an investigation agency
at the national level to investigate and prosecute certain
class of offences," the panel said in its report tabled in
Parliament yesterday.
"The Committee is of the considered view that a
legislation may be proposed on similar lines, to give an
effective statutory backing to CBI, which is a dire need of
the hour, while taking care that the basic features of the
Constitution are not compromised," it said.
The panel had sought the opinion of the Attorney General
on whether CBI could launch prosecution on offences related to
matters in the Union List of the Constitution.
The AG had then opined to identify the specific matters.
"It is not open to provide that the jurisdiction of the
bureau (CBI) shall extend to whole of India and that prior
consent of the states will not be necessary," the AG had said,
adding that "in his opinion, this violates the basic federal
structure of the Constitution."
The panel took note of the Attorney General's opinion,
but suggested the government to consider the legislation close
on the lines of the NIA Act, 2008 to authorise CBI to probe
and prosecute graft-related offences only.
The Centre's move to set up a National Counter Terrorism
Centre(NCTC) ran into rough weather early this month following
opposition from several states which alleged it was aimed at
usurping powers of state governments.
The Committee, in its report on demands for grants (2012-
13) of the Ministry of Personnel, Public Grievances and
Pensions, also asked the government to ensure that CBI's
modernisation plan should not be hampered due to budgetary
constraints.
It took note of the deposition of the representative of
CBI that the proposal pertaining to modernisation plan
(revenue) – procurement of equipment or vehicles etc was not
approved.
The panel noted that though the demand for Budget (Non
Plan) was Rs 341.1 crore, only Rs 319.7 crore was sanctioned.
"The Committee strongly feels that shortage of funds
should, as far as possible, not be a reason for delay in
modernisation and upgradation of the premier investigating
agency, whose mandate is increasing with the passage of time.
"The Committee is of the view that the Ministry should
ensure that the efficient functioning of CBI should not be
allowed to be hampered due to budgetary constraints," the
report said.
It has also asked the government to form a committee
without delay, to identify and review pending cases
investigated by the CBI and to ensure their resolution.
The Parliamentary Standing Committee also noted
"inadequate medical facilities" being provided to CBI
personnel and sought a health care mechanism for CBI officers
and staff close on the lines of those available to central
paramilitary personnel.
"The Committee agrees to the fact that the CBI personnel
are engaged in stressful work unrelentingly and that the
medical facilities extended to them are inadequate...
It, therefore, recommended that the Ministry should put
in place a healthcare mechanism for CBI officers and staff, on
the lines of those available for paramilitary personnel on a
24x7 basis.
The panel has also approved a forensic evidence
collection unit in every CBI branch for investigation and
successful prosecution.
The committee also urged the government to expedite
appointment of judges in the proposed special CBI courts.
"The Committee notes that 54 CBI Special Courts have
become functional. The Committee would like to impress upon
the Ministry to take steps to ensure that all the 71 Special
Courts become functional and also to take steps to fill the
existing vacancies of judges in the Special Courts," it added.
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