Daily Editorial – Present Challenges Facing CBI

• Present Challenges Facing CBI

1. Context
2. Difficulties of CBI directors
3. Issues facing CBI
4. Steps needed
5. Conflict with state governments
6. Suggestion by past directors
7. Recommendations of Standing Committee on Lokpal and Lokayuktas bill, 2014

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Context

The Central Bureau of Investigation (CBI) will have a new interim chief, Rakesh Asthana, to steer it through what are likely to be difficult times.

For the first time in 10 years and only the second time in the agency’s history, the Central Bureau of Investigation or CBI will have no full time chief. Rakesh Asthana, a Gujarat cadre officer will hold additional charge after CBI chief Anil Sinha retired recently.

Difficulties of CBI directors

General difficulties

• Constant public and media scrutiny
• Reporting direct to Prime Minister
• Informing PM of all major issues concerning the organization.
• Acting on his own, only accountability lies to law alone

Present difficulties

• Enforcement Directorate has recently reported adversely against two former CBI chiefs.
• Asthana has to take cognizance of this and take appropriate action.
• There are reports about dishonesty and harassment of the public by CBI.
• There are allegations of misconduct on the part of investigating officers
• Stringent action against misbehaving staff in the agency is required now.

Issues facing CBI

• CBI is Vulnerable to political pressure.
• Less than 10 per cent of the cases handed over to the CBI have political overtones, and this is what gives the organization a bad name.
• CBI is facing the staff shortage, which is required to deal with the daily dealings of the CBI office.
• Supreme Court and High Courts are handing over a large number of sensitive cases to the CBI for investigation without additional manpower
• The CBI is facing an acute shortage of manpower in the ranks of Constable, Head Constable, Inspector and Superintendent of Police.
• Enormous delays in concluding investigations.
• In majority of the cases of corruption and financial irregularities probed by the CBI, the accused goes unpunished.
• Biased and casual course of action in the cases where its own official is under suspicion
• Agency often fails to establish the money trail involved in the corruption.
• As an employment avenue, CBI is not that famous among youth.
• There’s a dire need to improve the capability of the intelligence-collection machinery and upgrade its resources, the intelligence-sharing mechanism

Steps needed

• There is need for expanding the CBI’s infrastructure, especially its manpower, is vital.
• Taking up select cases is one way. But there is no professional alternative agency at the Centre to which the less important cases can be diverted.
• Injecting a liberal outlook into the Department of Personnel and Training that provides administrative support to the CBI.
• Traditional thinking should be shed and Red tapism has to be cut ruthlessly in order to recruit more and generously improve emoluments.
• Recruiting on the lines of FBI, by going to campuses and attracting student by telling the rewards and exciting challenges associated with working of CBI.
• To ensure impartial investigations, new chief need to have a team of reliable deputies.

Conflict with state governments

• Another challenge before CBI is, dependence upon state governments for invoking authority to investigate cases.
• As police is a state subject, and CBI acts under CrPC, it needs consent of the state government before investigation any case in the state.
• This has created the situations like withdrawal of notification of empowerment by the state with hidden motives.
  

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Suggestion by past directors

In the past too, CBI directors have given the suggestions to tackle this problem of coordination with state governments. Like:-

• Promulgation of the CBI act on par with the customs act or income tax act.
• It would provide CBI officers with independence outside CrPC without any state government interference.

Recommendations of Standing Committee on Lokpal and Lokayuktas bill, 2014

• The Committee recommendedintegrating Central Vigilance Commission and anti-corruption wing of the CBI to work directly under the command and control of Lokpal to deal with corruption cases.
• The Lokpal must be at the apex level with the CVC and CBI (anti-corruption wing) working directly under its control.
• The Lokpal must use these organizations for conducting inquiry, investigation and prosecution of corruption cases.