The CBI has given a point-by-point rebuttal of the Centres proposals on its autonomy before the Supreme Court,strongly opposing the governments suggestions on the appointment,powers and tenure of its director.
In its 19-page submission,the agency said the Centres proposals were contradiction to give functional autonomy and violative of very principles of natural justice.
The government in its proposal has rejected pre-condition of taking views of outgoing CBI director in the appointment of its new chief. It has also not agreed to increase the tenure of the director from two years to three years.
The Centre in its August 2 affidavit had also refused to agree to CBIs demand to give its director status of ex officio secretary to the Government of India saying issues of parity had to be kept in mind.
According to the agency,Taking views of outgoing director in appointing a new director is a statutory provision in existence (CVC Act,2003). GoI wishes to take it away while terming it as precondition that is not acceptable whereas GoI agrees to incorporate the same by an executive order.
On the issue of tenure of the director and process of removal,the agency is of the view that,GoI does not preclude a longer term but does not intend to increase it by legislation. This view is in contradiction to give functional autonomy to the CBI.
Removal of director,CBI,without the involvement of the collegium that appoints the DCBI (Director,CBI) is violative of the very principles of natural justice, it said. It has also rebutted the governments argument that an all powerful director without adequate check and balances would not be consonant with settled constitutional principles.
The agency has said the argument based on so-called similarity between it and other organisations is fallacious and without any basis.