Wednesday, September 14, 2011

CBI reluctant to transfer anti-corruption branches to Lokpal



The CBI is likely to make an attempt to impress upon the Parliamentary committee looking into the Lokpal Bill that bifurcating it to create a separate probe wing under Lokpal would not be in the interest of the nation or its fight against corruption.
The CBI is set to oppose transfer of its anti-corruption branches to the Lokpal as the agency would be left with no infrastructure at several places where there is only one CBI branch designated as the anti-corruption branch.


Apart from the fact that separation of anti-corruption branches would cripple the organisation, the agency is also likely to stress that it would render the functioning of the branches transferred to the Lokpal ineffective in the absence of the existing backup units supporting the branches in work.
With anti-corruption units in isolation unlikely to be of much help to the Lokpal, the CBI will stress a partnership with Lokpal in the fight against corruption by serving as its investigation wing.
Though the agency will mainly point to practical difficulties in separating anti-corruption branches, it is also likely to express its unwillingness to give up the distinction of being the only probe agency with an all-India jurisdiction to look into corruption cases.
Sources said the agency was planning to point out that it would be in the interest of the fight against corruption to use its expertise and experience and not overburden the Lokpal with all the work. If a partnership was not forged, the Lokpal from day one would be burdened with prosecution of thousands of corruption cases pending trial, the agency is likely to point out.
The CBI is expected to point to its good track record by citing some of the important cases handled by it in a bid to convince the committee that Lokpal doesn't need to have an investigation wing of its own.
The CBI and Lokpal instead could work together. The CBI is expected to demand more functional autonomy for the organisation and a fixed term for the director.
Sources said it was decided during consultations among officers that a demand should be made to make the CBI director an ex officio member of the Lokpal.
To inspire confidence among people, the agency will also request the committee to consider making the selection process for the director similar to that of the members of the Lokpal.
Though the CBI is likely to seek provisions to ensure that the agency was able to work in conjunction with the Lokpal in tackling corruption, it is unlikely to oppose supervision or a big brother status for the Lokpal.
Sources said the CBI will suggest that Lokpal be given the power to exercise general superintendence in anti-graft matters. Though the CBI would have the freedom in matters of investigation, there could be provisions making it binding on the agency to inform the Lokpal after filing a final report in court. The agency will also suggest that all powers to meet financial, administrative and legal requirements of the CBI could vest in the Lokpal.
The agency would also moot provisions empowering Lokpal to give go- ahead for investigation against senior functionaries and accord sanction for prosecution.

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