'CBI Has No Decision Making Power In Appointment Of Director Of Prosecution; No Interference In Functioning Of Officers': CBI To Delhi High Court

The Central Bureau of Investigation has told the Delhi High Court that it has no decision making power in the appointment of Director of Prosecution. It also said that CBI does not interfere in the professional functioning of its officers.

The development came after the CBI filed an affidavit in a plea seeking amendment in Section 4BA (Director of Prosecution) of Delhi Special Police Establishment Act. The plea sought direction to separate Director of Prosecution from CBI and put the same under Central Government as an independent agency.

According to the provision, Directorate of Prosecution headed by a Director shall be responsible for conducting prosecution of cases under the Act. The Director of Prosecution is appointed by Central Government on the recommendation of Central Vigilance Commission.

Stating that the said exercise pertains to a field of policy decision, CBI has urged the Court to dismiss the petition.

"Thus, CBI does not have any decision-making power in the appointment of Director of Prosecution. Though for the sake of administrative convenience, the Directorate of Prosecution has been placed under the administrative control of Director CBI, the fact remains that the Directorate of Prosecution has got full functional autonomy/ independence and there is no interference in the professional functioning of any officer of the Directorate of Prosecution from the police officers of the organisation (CBI)," the affidavit reads.

It adds:

"...the CBI model of harmonious working of executive officers in tandem with the law officers of its Directorate of Prosecution has been working well over a period of time, as is evident from the fact that the CBI has been able to achieve the conviction rate of about 65-70% over a period of time (which is far ahead of any other State Police), despite the fact that the accused persons in the high profile cases engage the best legal brains to defend themselves in the Court of Law."

The CBI has further said that being a specialized agency, its structure is different from other agencies, in order to suit their special requirements.

It has also been stated that under the present system of Directorate of Prosecution in CBI, law officers become eligible for promotion to higher ranks after a point of time which boosts the morale of good performers thereby ensuring that promotional opportunities are available to all rank of law officers.

"In view of the above, the contention of the Petitioner that under the Director CBI, Police Officers exercise arbitrary control and illegal influence on the Court, is completely misleading and misconceived and it is, therefore, submitted that at present, writ petition filed by the petitioner is liable to be dismisscd in-limine, being devoid of merit and not maintainable in the eyes of Law," the affidavit adds.

Last month, Justice Siddharth Mridul and Justice Anup J. Bhambhani appointed Senior Advocate Siddharth Luthra as amicus curiae in the matter. 

The bench also granted one last opportunity to CBI for filing its reply in the case. The matter will now be heard on Monday.

Case Title: ASHOK KUMAR GAUTAM v. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION & ANR.