Central bureau of investigation (CBI) is in hot waters these days thanks to the indifferent attitude of our government. For too long the Indian government failed to enact a legal framework for CBI making it vulnerable to constitutionality attacks. And this is exactly what has happened.
In a recent judgment (PDF), the constitution of CBI was held Unconstitutional by Gauhati High Court. The Division Bench of Gauhati High Court has endorsed the views that have been expressed by selective few legal experts of India like Praveen Dalal. According to experts like Praveen Dalal, the decision of Gauhati High Court declaring CBI Unconstitutional is Legally Sustainable.
The 10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India by Perry4Law was submitted to Indian government in the past. It is a framework prescribed by Perry4Law in September 2009 to Government of India and the first of its kind in India.
According to Praveen Dalal, managing partner of law firm Perry4Law and a Supreme Court Lawyer, although almost all have criticised this decision of Gauhati High Court yet it is “neither absurd nor an uncalled one”. Parliamentary Oversight of any Law Enforcement Agency is the “Core Requirement” under Indian Constitution. However, our Intelligence Agencies and many Law Enforcement Agencies, including CBI, are not governed by any sort of Parliamentary Oversight, opines Dalal.
There are no Shortcuts to Worth Initiatives and Agencies and in case of CBI the Indian Government preferred the “Shortcut Mode”, says Dalal. The correct procedure was to formulate a Comprehensive and Holistic Legal Framework for the CBI rather than keeping it operational under an Executive Order, opines Dalal. Let us see how the Supreme Court of India would decide in this regard.
The matter would be agitated before the Supreme Court of India and this issue must be put at rest once for all.