Legal wing of CBI now under control of agency’s Director

The Government of India in a major step to allow more autonomy to CBI placed the agency’s legal wing under the command of the CBI Director, making his word final in investigations on 25 December 2013. Earlier, the legal wing of the agency reported to the Law Ministry.

The Directorate of Prosecution has been now placed under the stewardship of the agency director, who will not only see the promotions and postings but will also write the annual confidential reports, which was earlier done by the Law Minister.

In CBI, the Directorate of Prosecution is responsible for conducting and supervising cases pending trial, appeal and revision in courts. It also supervises and monitors the conduct of prosecution in the courts and gives advice to the CBI officers on all legal matters of general or specific issues, which arose during trial or investigation.

The Director of Prosecution was the chief functionary of the Prosecution Wing of CBI and was vested with powers of direction and control over prosecuting officers. Those powers have now passed to the CBI Director.

The new arrangement gives the power to a final view on investigations and subsequently the charge sheets to the CBI Director, which earlier was overturned by the Directorate of Prosecution.

The Lokpal Bill recently passed by the Parliament provides that the DoP should be placed under the CBI Director. The Lokpal Bill also provides that the DoP headed by the Director of Prosecution to be placed under the CBI director. The Lokpal Bill that the Director of Prosecution will be appointed in consultation with the Lokpal and CVC. A new Directorate of Prosecution (DoP), O P Verma has joined the agency on 24 December 2013.

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