Economic Times; Joginder Singh; Wednesday , June 29 , 2011,
The Madras High Court has issued a notice, to the Union government on a public interest litigation seeking to declare a recent notification exempting Central Bureau of Investigation (CBI) from the purview of Right to Information Act as ultra vires. The position is, that CBI is not only an investigating agency, but also collects information about the corrupt practices and other violations.
Some say that it is a retrograde step and the CBI should not be out of the purview of Right to Information Act. It is due to a mistaken impression, as the Right to Information is not an act to combat corruption and malpractices either in the government or in the society. Each law passed by Parliament has a specific purpose. It would be interesting for the agitators, to find out as to how many cases have been registered against corruption and other laws after getting information under RTI. Investigation of cases is done, as per the procedure laid down in the Criminal Procedure Code, within the parameters prescribed by the Indian Evidence Act.
Investigation is never done, in the purview of the pubic or media glare. During investigation, CBI checks and cross-checks the facts stated by the witnesses or the alleged accused, before coming to any conclusion about his guilt or otherwise. It can also involve tests like DNA or referring the matter to Forensic Science Laboratory. Not only during the investigation a full picture of any crime is to be constructed, but also credible evidence gathered to prove that a crime has been committed.
The so-called activists confuse between a moral wrong and a legal violation of law. In any case, CBI files a charge-sheet, within normally 60 to 90 days. Once the case goes to the court, each charged person is given a complete set of evidence, including the statement of witnesses, scientific evidence, if any, and other complete papers. So all papers of investigation come under the public domain and anybody can get papers from the court. If any new facts are brought out by the so-called activists, a reinvestigation can always be done. The decision taken to save the CBI from busy-bodies who have nothing to do but seek publicity is a right one.
Some say that it is a retrograde step and the CBI should not be out of the purview of Right to Information Act. It is due to a mistaken impression, as the Right to Information is not an act to combat corruption and malpractices either in the government or in the society. Each law passed by Parliament has a specific purpose. It would be interesting for the agitators, to find out as to how many cases have been registered against corruption and other laws after getting information under RTI. Investigation of cases is done, as per the procedure laid down in the Criminal Procedure Code, within the parameters prescribed by the Indian Evidence Act.
Investigation is never done, in the purview of the pubic or media glare. During investigation, CBI checks and cross-checks the facts stated by the witnesses or the alleged accused, before coming to any conclusion about his guilt or otherwise. It can also involve tests like DNA or referring the matter to Forensic Science Laboratory. Not only during the investigation a full picture of any crime is to be constructed, but also credible evidence gathered to prove that a crime has been committed.
The so-called activists confuse between a moral wrong and a legal violation of law. In any case, CBI files a charge-sheet, within normally 60 to 90 days. Once the case goes to the court, each charged person is given a complete set of evidence, including the statement of witnesses, scientific evidence, if any, and other complete papers. So all papers of investigation come under the public domain and anybody can get papers from the court. If any new facts are brought out by the so-called activists, a reinvestigation can always be done. The decision taken to save the CBI from busy-bodies who have nothing to do but seek publicity is a right one.
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