CJI 2 LAST

However, dwelling on the PCA, the CJI said the foremost
criticism of the law is that an investigating agency needs to
obtain prior sanction from competent authority to initiate
prosecution against a public servant which is delayed or
denied by higher executive authorities.

"Even in instances where the investigating agencies have
gathered substantial material to proceed against a person,
it is felt that the necessary sanction is not given on account
of extraneous considerations," he said.

Expressing concern that the country did not have an
effective prosecuting agency, the CJI said there was a need
for separation of prosecution function from the investigating
functions of the CBI which has been a controversial issue.

"I understand that there has been considerable resistance
to this suggestion, since investigating officers and
prosecution lawyers need to work in close co-ordination.

"The real problem here is that CBI has been relying on
government law officers and standing counsels to conduct the
prosecutions whereas there is a need for retaining a regular
team of lawyers which will progressively develop expertise
in prosecuting corruption-related cases," Balakrishnan said.

He said, "having a specialised team of lawyers will also
ensure that they thoroughly scrutinise the investigators'
efforts in evidence-gathering, thereby improving the
presentation of cases." PTI