CBI expresses reservations over Lokpal, writes to law ministry

Central Bureau of Investigation has written to the law minister expressing reservations over the new provisions introduced through Lokpal where the agency will have to take the nod of Central Vigilance Commission before filing charge sheets in cases referred by the anti-corruption watchdog.

CBI officials were taken aback after a provision was brought in the Lokpal Bill by amending the CVC Act which said that in cases of corruption by group 'C' and 'D' officers, referred by the CVC, CBI will have to present its final report before the panel, agency sources said.

The sources said the agency has raised the issue that under Section 173 of the Code of Criminal Procedure, 1973 the investigating officer, after concluding its probe in a given matter, files it final report before the competent magistrate only.

The provision introduced by the government sidelines section 173 of the CrPC which is a dilution of the agency's powers, they contended.

In its representation before the law ministry, the agency has claimed that charge sheets cannot be shown to any authority other than the competent courts.

So far in the matters referred by CVC also, CBI investigated the cases and filed its final report before the competent magistrate but now under the new law, modifications have been made in the CVC Act as well.

Under the new provisions, an investigating officer cannot proceed to file the final report without showing it to the CVC in the cases which have been routed to it through the anti-corruption watchdog.

"Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Establishment (CBI) shall, in respect of cases referred to it by the Commission, submit the investigation report to the Commission.

"The Commission shall consider every report received by it under sub-section (2) from any agency...and may decide as to a) file charge sheet or closure report against the public servant b) initiate the departmental proceedings or any other appropriate action against the concerned public servant by competent authority," the Act said.