'CBI, ED have become law unto themselves and need external oversight', says P Chidambaram

Former Union home minister P Chidambaram on Friday rejected suggestions that the CBI and Enforcement Directorate should be given greater powers and autonomy, arguing instead that the central investigative agencies require stronger external supervision and oversight.

Speaking during a panel discussion at the launch of Policing the Republic, authored by former Intelligence Bureau special director Yashovardhan Azad, Chidambaram said the CBI was staffed by capable officers, many of whom came on deputation from state police forces, but questioned what happened to them after they moved to the Centre. “Because of a lack of supervision and oversight, a caged parrot can sometimes become a pitbull,” he said. The discussion focused largely on police reforms, accountability and alleged excesses by law-enforcement agencies.

‘Law unto themselves’

Chidambaram acknowledged that political interference could occur at the state level and “may be at the central level”, but said police officers were expected to adhere to organisational hierarchy and discipline. He questioned why IAS and IPS officers could not stand up to politicians, arguing that the worst consequence they would normally face was a transfer.

Disagreeing with Azad’s suggestion that the CBI and ED should receive greater powers, the Congress leader warned that doing so could have serious consequences. “CBI and ED have far exceeded their legitimate authority. They have become a law unto themselves,” Chidambaram said. He argued that investigative agencies needed an external mechanism for supervision, referring to legislative oversight of agencies such as the FBI in the United States.

Chidambaram, who was arrested by the CBI in the INX Media case in August 2019, said some form of parliamentary or legislative oversight should be considered for Indian investigative agencies.

Independent scrutiny sought

The former home minister cited an amendment to the National Investigation Agency Act, 2008, under which, he said, he had introduced a mechanism requiring an NIA chargesheet to be examined by an independent panel comprising a retired high court judge and a senior police officer.

He argued that a similar independent mechanism should scrutinise chargesheets before serious criminal allegations are pursued against individuals. Chidambaram also criticised the functioning of the Central Vigilance Commission, alleging that it had “completely failed” despite having a role in scrutinising cases.

Azad, meanwhile, suggested that the Lokpal could be entrusted with supervising politically sensitive CBI cases. He argued that merely creating more institutions would not solve the problem if investigative bodies remained susceptible to political control, and also raised concerns over the use of criminal laws and the powers available to police officers.