Legal wing of CBI brought under agency director

December 29, 2013

In a bid to provide more autonomy to CBI, government has brought the agency’s directorate of prosecution or the legal wing, which used to report to Law Ministry, under the command of the CBI director, making his orders final in probes.
With this change, the agency director will not only oversee the promotions and postings but also write the Annual Confidential Reports (ACRs), as done earlier by law ministry.

What is the responsibility of Directorate of Prosecution (DoP) in CBI?

The DoP in CBI is responsible for conducting and supervising cases pending trial, appeal and revision in courts. It oversees and monitors the conduct of prosecution in courts and gives advice to CBI officers on all legal matters of general or specific importance and on issues coming up during probe or trial.
The DoP was the chief functionary of CBI’s prosecution wing and was vested with powers of direction and control over prosecuting officers. Those powers have now been transferred to the CBI director.

How would placing the legal wing of CBI under the command of CBI director change things?

It was observed that in a number of cases, the investigation by the CBI was overturned by the DoP; but under the new structure the CBI director will have the authority to take a final view on probes and, subsequently, the charge sheets.
The Lokpal Bill, which has been passed by both Houses of Parliament, also provides for the DoP chaired by the DoP to be placed under the CBI director. As per the Lokpal Bill, the DoP will be appointed in consultation with the Lokpal and CVC.

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