A candid conversation about the caged parrot

News: The Chief Justice of India (CJI) recently gave a candid appraisal of the state of India’s investigating agencies.

The CJI called upon investigators to stand up to the unethical pressures in order to uphold the confidence entrusted in them by the public. He stated if middle-and senior-level investigators deviated from the path of objectivity and neutrality, they will be held accountable for it.

Has the judiciary made similar observations earlier?

In 1997, Justice J.S. Verma has rebuked the then CBI Director in Hawala case for stalling the investigation at will. He went on to prescribe a new clinical procedure for the selection of the CBI chief. Also giving the chief fixed tenure of two years to insulate the CBI director from the caprice of the executive.

What is the bright spot in CBI?

It has some of the brightest Indian Police Service officers in its higher echelons. There is a fear among CBI officers that the judiciary could intervene if an investigator is arbitrary and dishonest.

It has acquired greater uprightness than before. Allegations of political interference have been blown out of proportion, because only about 10% of the cases handled by the CBI have political overtones.

There have also been some big cases in the net of investigators – a former CM of Bihar and a former Home Minister of Maharashtra.

What should be done?

The CBI needs to have the strongest leader with a distinct belief in the law and ethics. A Director who is able to explain issues to higher authorities in a rational and reasonable manner and efficiently protect his deputies.

An umbrella organization, as suggested by CJI, to oversee all investigating agencies can prove to be impractical. Such a body can generate its own problems – of turf wars and ego clashes.

The focus should be on weeding out the dishonest officers and rewarding those who have proven themselves to be honest and professionally innovative.

Source: This post is created based on the article “A candid conversation about the caged parrot”  published on 7^th April 2022 in The Hindu.