04 July 2013

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Important Ten facts from Affidavit submitted by Government on CBI autonomy

Important Ten facts from  Affidavit submitted by Government on CBI autonomy

Do not forget Supreme Court of India is liberating the CBI not Politicians of India
Everyone knows that CBI is misused always.

A Group of Ministers headed by Finance Minister P Chidambaram had earlier cleared the affidavit to be placed before the Supreme Court.

The affidavit contains proposals by the GoM to grant greater autonomy to the CBI.
The final hearing on the affidavit will now take place on July 10.  

The group was formed on the Supreme Court's orders.
The court gave the government time till July 3 to come up proposals for greater autonomy to the CBI.

The government has filed its 41-page affidavit on the autonomy of the Central Bureau of Investigation in the Supreme Court.

Today also, in India no politician wants to give freedom to CBI or State Police force.

But elections are near and Supreme Court Order it became compulsion to file an affidavit regarding the starting of process to free the CBI a parrot

Following are the important facts about the proposal to free the Parrot
Steps to bring autonomy in the functioning of CBI.

The appointment of the CBI director by a collegium  
a collegium system has been proposed for the appointment of the CBI Director, which will include Prime Minister, the Leader of Opposition in Lok Sabha and the Chief Justice of India or
judge of the apex court to be nominated by him
The Prime Minister would be the chairman of the three-member committee.

Currently the director is appointed by the Centre from a panel of officers recommended by a committee comprising of central vigilance commissioner (chairperson), vigilance commissioners, secretary in charge of home ministry and secretary (co-ordination and public grievances) Cabinet secretariat.

The government has proposed an amendment in the Delhi Special Police Establishment Act of 1946, under which the CBI was set up by the British Rulers.

CBI Director will be from the IPS and he or she shall hold office for not less than two years
The Central Bureau of Investigation (CBI) director would have a term of not less than two years. The director, the affidavit said, would not be transferred without the prior consent of the three-member committee.

Director can be removed from office only by the order of the President.
CBI director "shall be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the central vigilance commissioner, on a reference made to him by the president, has, on inquiry, reported that the Director is guilty of the charged misbehavior or incapacity."

there will be another committee of the CVC, Home Secretary, Department of Personnel and Training Secretary and the CBI Director to appoint other officers.
Director CBI shall, recommend officers for appointment to the posts of the level of superintendent of police and above and also recommends extension or curtailment of the tenure of such officers,"

there will be a Director of Prosecution who will be of the rank of Additional Secretary and shall be responsible for the supervising and monitoring of cases in the court.

An accountability commission will also be formed consisting of retired Supreme Court and High Court judges.
The commission shall consist of three whole time members to be appointed by the President from amongst the retired judges of the Supreme Court or the high courts and the senior-most judge amongst them shall be designated as the chairperson. the central vigilance commissioner shall be ex-officio member of the commission,"

CVC will have the power of superintendence and administration over the CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the Centre for rest of the cases.

CBI would have power to go ahead with prosecution for its officials if the Centre does not grant sanction within three months.

The CBI Director will have more financial powers.
The financial powers of the CBI director would be at par with that of the director general of the Central Reserve Police Force.

Reality views by sm –

Thursday, July 04, 2013

Tags – CBI Autonomy 41 Page Affidavit Facts


MEcoy July 04, 2013  

another great post sm