New Delhi, April 1: Chief Justice of India NV Ramana on Friday offered a straightforward advice to police officers complaining about harassment after government change, asking them to be impartial, saying “when you endear yourself to powers, you will have to face consequences”.
He also said that the CBI’s credibility has come under deep public scrutiny with the passage of time as its actions and inactions have raised questions in some cases, and called for creating an “independent umbrella institution” to bring various investigating agencies under one roof.
Delivering the 19th DP Kohli Memorial Lecture on CBI foundation Day on ‘Democracy: Role and Responsibilities of Investigative Agencies’, the CJI said despite having many achievements to its credit, with some personnel making the supreme sacrifice, it is ironical that people hesitate to approach police in times of despair.
He said the image of the institution of police is regrettably tarnished by allegations of corruption, police excesses, lack of impartiality and close nexus with the political class.
“Often, the police officers approach us with the complaint that they are being harassed after the change in the regime. When you try to endear yourselves to the powers, you will have to face the consequences,” he said.
Justice Ramana said the need of the hour is to reclaim social legitimacy and public trust.
“The first step to gain the same is to break the nexus with the political executive. Often the best of talents enter this system in expectation of recognition and accolades. But, if the threat of infection looms large, honest and upright officers find it difficult to stand by their oath,” he said.
He said the truth is that no matter how deficient and non-cooperative the other institutions may be, if you all stand by your ethic and stand united with integrity, nothing can come in the way of your duty.
“In fact, this stands true for all institutions. This is where the role of leadership comes into play. The institution is as good, or as bad, as its leadership. A few upright officers can bring a revolution within the system. We can either go with the flow or we can be a role model. The choice is ours,” he said.
Justice Ramana told police officers that they must remember that their allegiance must be to the constitution and the rule of law, and not to any person.
“When you stand upright, you shall be remembered for your courage, principles and valour. The political executive will change with time. But you, as an institution are permanent. Be impermeable and be independent. Pledge solidarity to your service. Your fraternity is your strength,” he said.
He also stressed that every institution within our democracy must derive its legitimacy either directly from the Constitution, or from a law that is made in the true spirit of the Constitution.
“Unfortunately, our investigative agencies still do not have the benefit of being guided by a comprehensive law. Need of the hour is the creation of an independent and autonomous investigative agency,” he said.
Justice Ramana said in spite of the various issues affecting the Indian judiciary, the public still reposes its faith upon the institution.
This faith is largely due to the inherent autonomy and commitment to the Constitution and laws by the judiciary, he said.
“There is an immediate requirement for the creation of an independent umbrella institution, so as to bring various agencies like the CBI, SFIO, ED, etc. under one roof. This body is required to be created under a statute, clearly defining its powers, functions and jurisdictions. Such a law will also lead to much needed legislative oversight,” he said.
The Chief Justice of India said it is imperative for the organisation to be headed by an independent and impartial authority, to be appointed by a committee akin to the one which appoints the Director of the CBI.
The Director of the CBI is chosen by a high-powered committee comprising of the Prime Minister, Chief Justice of India and Leader of Opposition.
“The head of the organisation can be assisted by deputies who are specialists in different domains. This umbrella organisation will end multiplicity of proceedings. A single incident these days gets investigated by multiple agencies, often leading to dilution of evidence, contradiction in depositions, prolonged incarceration of innocents.
It will also save the institution from being blamed as a tool of harassment,” Justice Ramana said.
He said one additional safeguard that needs to be built into the scheme, is to have separate and autonomous wings for prosecution and investigation, in order to ensure total independence.
“Once an incident is reported, the organisation should decide as to which specialised wing should take up investigation,” he said.
“A provision in the proposed law for annual audit of the performance of the institution by the appointing committee will be a reasonable check and balance,” he said.
Justice Ramana also conferred 35 police medals, one gold medal for best investigating officer of the CBI and two DP Kohli awards for best detective head constables/constables of the agency.
He said that he had made it clear to the Director CBI Subodh Jaiswal, who had gone to extend invitation for delivering the lecture, that he may have to express some critical opinions about the functioning of the police in India.
“Hope he has not invited trouble by inviting me,” Justice Ramana said and lauded the agency for keeping a low profile.
He went on to say people sought investigation by CBI, as they wanted justice to be done and doubted state police.
“But, with the passage of time, like every other institution of repute, the CBI has also come under deep public scrutiny. Its actions and inactions have often raised questions regarding its credibility,” he said.
