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CBI report is exclusively for the eyes of the judges: ML Sharma

IBNLive.com
Apr 30, 2013 at 05:54pm IST

Terming it a "massive breach of trust" and a matter that has "shaken its foundation", the Supreme Court of India on Tuesday took a very serious note of the CBI affidavit on the coal block allocation scam. The Supreme Court bench said "suppression" of the fact that CBI has shared its probe report with the government is "not ordinary". CBI's former special director ML Sharma joined IBNLive readers for an interaction on the matter.

Q. Was CBI wrong in sharing its report with the government? Asked by: Rohan

A. As per law, investigation report can not be shared with any authority other than that mentioned in Section 36 of Cr.P.C. When it is required to be filed before the constitutional courts, it is exclusively for the eyes of the judges.

CBI report is exclusively for the eyes of the judges: ML Sharma

Was CBI wrong in sharing its report with the government?

Q. "NO" & "YES" seems to be the answer. Knowing the way the Government operates, it must be impossible for CBI to say "NO", however, by showing they have at least made a strong case for its independence, a moment the country was waiting for. Asked by: S ESHWAR

A. There has always been a strong case for independence of CBI. Equally importantly, there is a strong case for independence of State Police forces. Meddling with investigative process affects its purity and transparency and adversely affects criminal justice system.

Q. This is for the first time i have seen a CBI director showing some spine and going against the government.Do you think this will give some courage to the other officers as well especially the honest ones? Asked by: Ankit

A. I am happy that you think so.

Q. During your tenure as Director of CBI, did you feel any pressure or any tactics from Govt. Not just Cong/BJP , in general from political parties? Isn't it very clear that CBI is not independent? Asked by: sagar

A. I will leave it unanswered. People know the best

Q. What are your views, on SC telling to make CBI as an Independent enquiry agency, doe any govt that comes into powers take up this action Asked by: K SRINIVAS

A. Vineet Narain case has settled the issue regarding independence and autonomy of CBI. The CBI as an institution must aspire for its independence. It has to rise to it.

Q. Do you think that the law minister has the right to ask CBI director to share its report which is investigating govts conduct in some case Asked by: Amit

A. I have already said that the report should have gone to the apex court directly.

Q. Every successive CBI head admits it "Off The Record", But what happens to their moral/legal strength when it comes to admitting it officially and refusing to take orders from illegal channels(govt) it is not supposed to seek advise from? Asked by: Neel Kamal Singh

A. It depends on individuals. No generalization would be apt.

Q. Don't you think that CBI is working under govt control while ideally it should be independent, can't be reflected from today's strictures passed by SC? Don't you think govt specially present one uses to save his ministers and supporters involved in many scams like Laloo, Mulayam and Mayawati? Asked by: RAMESH AGARWAL

A. In Vineet Narain case, the Supreme Court had said that CBI should be independent. In law, the CBI is independent. However, practice may be different. I won't answer political part of the question.

Q. Obviously it is betrayal of trust by CBI, especially when the PM's name was involved, the CBI should not have shared the report with the Govt before presenting it to the Hon SC. Since there has been no such precedence involving the PM, don't you think the CBI should have flatly refused the Govt's request? Asked by: R Varadarajan

A. No comments as I have no such personal information.

Q. Is the CBI directory showing real courage or is it some kind of smoke screen Asked by: Pradeep

A. Circumstances speak for themselves. You are free to derive your own conclusions.

Q. Everywhere in India, Govt puts people who are loyal to them in all postings which have power, isn't it true in CBI as well? Asked by: Ankit

A. Not true except for very top position.

Q. Will common man get any respite after the dust settle downs on CBI's autonomy. Asked by: Bala

A. We should be optimistic. After the churning process, nectar will come out.

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