is conferred on CBI to investigate, power of investigations are governed by statutory provisions and they cannot be stopped or curtailed by any executive instructions issued under Section 4(1).”
Divan cited the English case decided by Lord Denning which clearly spells out the duty of police officers to act independently without interference and also referred to Vineet Narain judgement of the apex court which said the power of superintendence of CVC was further discussed in it.
“In this connection taking note of the above judgement, a proviso has been added to Section 8 (1)(b) that the Commission shall not exercise powers in such a manner so as to require DSPE to investigate or dispose of any case in a particular manner,” the CVC said.
“The functions and powers of CVC are limited by this proviso. This is in line with the Vineet Narain judgement and has to be read with the new Section 4 of DSPE Act. Under Section 4(1) of the amended DSPE Act, the power of superintendence in cases under the Prevention of Corruption Act, 1988 has been conferred on CVC while the power of superintendence in all other matters and administration of Police Establishment is vested with central government and the Director, CBI, respectively,” the CVC’s response said. “In other words, for non-PC Act cases and offences, the superintendence does not vest in the CVC,” it said.
Shah takes a jibe at ‘dharna sarkaar’.