CBI's Actions & Inactions Have Often Raised Questions About Its Credibility; Police Officers Need To Break Nexus With Political Executive : CJI Ramana

The Chief Justice of India NV Ramana on Friday spoke about the need for the police officers to break the nexus with the political executive to gain public trust.

"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", CJI said. He also said that the CBI's action and inactions have often raised questions about its credibility.

The CJI was delivering the 19th D. P. Kohli Memorial Lecture of CBI on the topic "Democracy: Role and Responsibilities of Investigative Agencies". Dharamnath Prasad Kohli was the Founding Director of the CBI and the CJI remembered him as an exemplary officer renowned for his courage, conviction and remarkable efficiency".

At the beginning of the address, the CJI said that when the present CBI Director Subodh Kumar Jaiswal came to invite him for this Lecture, he had told him very frankly 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", the CJI said in a lighter vein.

Police officers need to break nexus with the political executive

While referring to how the police officers often approach the court with the complaint that they are being harassed after the change in the regime, the CJI said that when police officers try to endear themselves to the powers, they will have to face the consequences.

The CJI spoke about how even after the Police forces having so many achievements to their credit, it is ironical that, people hesitate to approach the police in times of despair.

"Ultimately, you must remember that your 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 valor. 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", the CJI said

The CJI pointed out that the CBI possessed immense trust of the public in its initial phase and Judiciary used to be flooded with requests for transfer of investigations to CBI, 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.

"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"

An Independent Umbrella Institution Needs To be Created Under A Statute:

While stressing on the need for modernising the police system, the CJI stated that 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.

Further, this body is required to be created under a statute, clearly defining its powers, functions and jurisdictions, and such a law will also lead to much needed legislative oversight.

According to the CJI, 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. However, unfortunately our investigative agencies still do not have the benefit of being guided by a comprehensive law.

Policing is not a mere job, it's a calling:

While narrating a story regarding predicament of a foot-soldier in the police force, the CJI stated that the job of the Police is the most difficult one as they are expected to be a psychologist, a teacher, a counsellor, a lawyer, and a superhero, in one shift.

"This makes the job of police replete with contradictions. I can understand the difficulties in walking a tight-rope. That is why I say, policing is not a mere job, it's a calling." He said

Police should enjoy full functional autonomy coupled with accountability:

The CJI said that the police is primarily tasked with maintaining the rule of law, and is an integral part of the justice delivery mechanism. Being a vital link in the justice delivery process, propriety demands that the police enjoys full functional autonomy coupled with accountability.

Talking about the misuse of police by political masters, CBI said that the same is not a new feature as British Empire deployed domination, surveillance and coercion, which remain the enduring feature of the Indian police.

When the Indian National Congress started leading the freedom struggle, the Empire created a Central Intelligence Agency for collecting information about political and social movements and the freedom struggle, he Said

Post Independence Police Reforms Not Upto Popular Expectations:

The CJI spoke about the Post-independence reforms undertaken within the police forces and how they have not been up to the popular expectations.

He said that both in IPC and CrPC, the Chapter on 'Security for Keeping the Peace and Maintenance of Public Order', takes precedence over other provisions concerning investigation and trial. These provisions show the colonial need for punitive policing. These historical antecedents have not received sufficient attention while undertaking reforms.

Adequate infrastructural and safety aids for police:

The CJI stated that at times of emergency and crisis, the police is often the first responder, and they must be provided with adequate infrastructural and safety aids. In case anything untoward happens, the Government must provide adequate support to the bereaved families and secure their future interests.

"The nature of the job forces you to work under pressure, around the clock. Your health, both physical and mental, needs a lot of attention." CJI said

He further said it is here that the role of police welfare associations assumes great significance. They should be able to advocate the causes of the officers and staff, meaningfully and successfully.

While stressing on collaboration between Centre and the States, CJI stated that Harmonious relationship should exist between the State and Central agencies as after all the goal of all these organisations is to secure justice.

Click here to read/download the text of the CJI's lecture