Friday, November 8, 2013

10 Point Legal Framework For Law Enforcement, CBI And Intelligence Agencies In India By Perry4Law

The purpose of legislature is to enact appropriate laws and the same is implemented by the executive branch of the government. However, if legislature fails to fulfill its constitutional duties and executive usurps the powers of legislature, a constitutional deadlock is inevitable.

For too long techno legal experts like Praveen Dalal have been stressing that law enforcement agencies and intelligence agencies of India must not only be regulated through a legal framework but they must also be bound by parliamentary oversight. However, Indian government preferred to keep this crucial aspect under the carpet.

The 10 Point Legal Framework for Law Enforcement and Intelligence Agencies in India by Perry4Law was submitted to Indian government in the past. It is a framework prescribed by Perry4Law in September 2009 to Government of India and the first of its kind in India.

However, the Indian Government failed to act on the same in a timely manner and questions about its intention to make law enforcement agencies like Central Bureau of Investigation (CBI) independent kept on arising.

The Supreme Court of India has even given a deadline to Indian Government to formulate a Law for CBI. Reacting to this deadline, the Indian government has set up a Group of Ministers (GoM) to draft a law for CBI. However, that once again proved to be another time gaining exercise by Indian Government.

In a recent judgment (PDF), the constitution of CBI was held Unconstitutional by Gauhati High Court. The Division Bench of Gauhati High Court has endorsed the views that have been expressed by selective few legal experts of India like Praveen Dalal. According to experts like Praveen Dalal, the decision of Gauhati High Court declaring CBI Unconstitutional is Legally Sustainable.

The Central Government has decided to file an appeal against the order of Gauhati High Court in the Supreme Court of India. However, the task would not be as simple as the Central Government is anticipating as the position taken by the Gauhati High Court is legally tenable.