Swarna Shukla –
Published On: September 19, 2021 at 11:20 IST
The Central Bureau of Investigation (CBI) informed the Delhi High Court that it has no decision making power in the appointment of the Director of Prosecution, as well as, will not interfere in the professional functioning of the Officers.
The matter was advanced after CBI filed an Affidavit in a Plea seeking Amendment in Section 4B(A) of the Delhi Special Police Establishment Act.
According to the provision, the Directorate of Prosecution headed by a Director shall be responsible for conducting prosecution of cases under the said Act.
The Director of Prosecution is appointed by the Central Government on the recommendation of the Central Vigilance Commission.
The CBI observed that it’s a specialised Agency, and its work is different from the other agencies, in order to suit their specific requirements.
The CBI quoted that, “CBI does not have any decision-making power in the appointment of Director of Prosecution. Though for the sake of administrative convenience, the Directorate of Prosecution has been placed under the administrative control of Director CBI, the fact remains that the Director of Prosecution has got full functional independence and there is no interference in the professional functioning of any officer of the Directorate of Prosecution from the police officers of the organisation (CBI).”
The Bench granted one last opportunity to CBI for filing its reply in the case.
Also Read: Law Commission Report on Wrongful Prosecution