CJI for umbrella body to bring central investigation agencies under one roof

New Delhi, April 1

Stressing impartiality in investigation, Chief Justice of India NV Ramana today said officials must “have allegiance only to the Constitution and not to any person”. Delivering DP Kohli Memorial Lecture here, he suggested an “independent umbrella institution” to bring under one roof various probe agencies, such as the CBI and ED, for better investigation and prosecution. “This body is required to be created under a statute, clearly defining its powers, functions and jurisdiction,” he said, suggesting that it be headed by an independent and impartial authority appointed by a committee akin to the one that appoints CBI Director and the head of the organisation can be assisted by deputies who are specialists in different domains.

Noting that the umbrella organisation will end a “multiplicity of proceedings”, the CJI said a single incident these days was investigated by multiple agencies, often leading to dilution of evidence, a contradiction in depositions, prolonged incarceration of innocents. “It will also save the institution from being blamed as a tool of harassment,” he added.

One additional safeguard for securing independence that needs to be built into the scheme is to have separate and autonomous wings for prosecution and investigation, the CJI said, adding that a provision in the proposed law “for annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance”. —