NEW DELHI, July 10:
Taking a step forward in its fight against corruption, the Centre is considering a recommendation to give more powers to CBI by enacting a law which will empower it to probe graft cases nationwide without the consent of the State Governments.
If it comes into being, the proposed law will give statutory powers to the investigation agency specifically to look into corruption cases and prosecute offenders all over the country, highly placed official sources said.
As per the proposal, which is at a nascent stage, the law will be enacted close on the lines of the National Investigation Agency Act, 2008.
Sources said the Ministry of Personnel, Public Grievances and Pensions will soon hold a meeting with Ministry of Law and Justice and certain officials of the CBI to devise a road map for the legislation.
“The Government is considering a proposal for giving statutory powers to CBI. Its main thrust is to minimize overlapping powers of State and Central Government investigating agencies,” a senior Department of Personnel and Training (DoPT) official said.
However, the official said “no decision” has been taken by the Ministry on it as yet.
At present, the Central Bureau of Investigation functions under the Delhi Special Police Establishment (DSPE) Act. As per the Act, CBI requires consent from the State Governments to probe and prosecute an official working under their control.
The proposal was also discussed by a Parliamentary Standing Committee which had in May this year recommended a legislation giving statutory powers to CBI for the purpose terming it as a “dire need”.
“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,” the Parliamentary panel has said.
The panel had then 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.
“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 then said, adding that “in his opinion, this violates the basic federal structure of the Constitution.”
The Committee, in its report on demands for grants (2012- 13) of the Ministry of Personnel, Public Grievances and Pensions, took note of the Attorney General’s opinion, but suggested that the Government should consider the legislation close on the lines of the NIA Act, 2008 to authorise CBI to probe and prosecute graft-related offences only.
“The Government is looking into the Committee’s recommendations also,” it said.
It is pertinent to mention that the Centre’s move to set up a National Counter Terrorism Centre (NCTC) is facing tough opposition from several States which alleged it was aimed at usurping powers of State Governments. (PTI)
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