vIndianz.com (15 Mar, 2010) — New Delhi: The Central Bureau of Investigation is in a fix as it faces a shortage of investigators and prosecutors to nab offenders and try them in courts. The central investigating agency has a dearth of staff ranging from 10 to 60 percent among various ranks. As a result, investigations are being delayed and the agency has become exceedingly selective in its cases.
Similarly, it also faces a shortage of prosecutors which is increasing the duration of the trials in court. In order to buffer the problem, the government has come up with a solution – allowing the CBI to employ independent criminal lawyers on a three year contract.
Such a step seems to have been taken by the central government for the first time, clearly awakened by last November’s sharp criticism of the CBI by the Bombay High Court.
Justice J.N. Patel had then said that the situation would worsen if more cases were transferred from the state police to the CBI. He had asked the Centre for an explanation on the matter.
A deputy secretary at the Department of Personnel and Training, Manish Saxena, has revealed in his office memorandum that the government was always aware of the staggering number of vacancies in the CBI, especially of prosecutors and resultant lagging cases. A directive issued by Saxena limits the number of special prosecutors and assistant special prosecutors at 60 as against the 72 vacancies available for various ranks of prosecutors.
The CBI will hire criminal lawyers with salary packets of Rs 60,000 and Rs 40,000 for special prosecutors with minimum seven years of experience and assistant special prosecutors with minimum three year experience, respectively. A committee chaired by Ashwani Kumar, Director of the CBI, has been formed to set the procedure for hiring. Although the contract will be for three years initially, it can be further extended by two years.
However, during this period, the lawyers cannot be booked for professional misconduct as per the rules applicable to permanent government employees. For this, Saxena’s memo indicates, the disciplinary measures of the Bar Council of India could be put to use.
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