CBI Chief Seeks Clarity on Prosecution Director Selection
CBI chief Ranjit Sinha has written a letter to the Law Ministry seeking clarifications on the appointment of director of prosecution under the amended Delhi Police Establishment Act that was mentioned in the recently passed Lokpal bill.
Sinha objected to Section 4BA (3) which stated that the Centre shall appoint the director of prosecution on the recommendation of the Central Vigilance Commission (CVC) saying it lacked clarity on the role of the CBI chief in the selection process.
“Nothing has been mentioned about the CBI director being part of such an appointment process. It is therefore necessary to state clearly the role of the CBI director in the process of the appointment of the agency’s director of prosecution,” Sinha said.
According to the CBI manual, the directorate of prosecution is responsible for tendering legal advice and conducting prosecution in CBI cases. It is also responsible for examining cases resulting in acquittal, to determine whether appeals or revisions need to be filed.
The government had last month said that to provide autonomy to the agency, the directorate of prosecution would report to the CBI chief who would be responsible for the performance report of legal officers and also for promotions and transfers, which was earlier carried out by the Law Ministry.
In the letter dated January 16, Sinha also suggested that for the appointment of special director and additional director-level officers, a panel of officers could be recommended by the committee comprising the chief vigilance commissioner, vigilance commissioners, home secretary and secretary personnel.