CBI will not be able to file charge sheets against group C and D officials without consulting the Central Vigilance Commission as government has taken away its powers under CrPC through Lokpal law, an issue which the agency is planning to raise before the Law Ministry.
Under section 173 of the Code of Criminal Procedure, 1973 the investigating officer, after concluding its probe in a given matter, files it final report before the competent magistrate only.
CBI sources said according to provisions of CrPC which have been vetted by various courts in the country, an investigating officer files its report only before competent magistrate but now the new provision make it necessary to show it to CVC as well which is a serious dilution of its powers.
Senior officials said they would soon write to Law Ministry seeking clarity on the issue and, if necessary, make changes in the Lokpal and CVC Act accordingly.
So far in the matters referred by CVC also, CBI investigated the cases and filed its final report before the competent magistrate but now under the new law modifications have been made in the CVC Act as well.
Under the new provisions, an investigating officer cannot proceed to file final report without showing it to the CVC in the cases which have been routed to it through the anti-corruption watchdog.
"Notwithstanding anything contained in section 173 of the Code of Criminal Procedure, 1973, any agency (including the Delhi Special Police Establishment (CBI) shall, in respect of cases referred to it by the Commission, submit the investigation report to the Commission.
"The Commission shall consider every report received by it under sub-section(2) from any agency...and may decide as to file charge sheet or closure report against the public servant and initiate the departmental proceedings or any other appropriate action against the concerned public servant by competent authority."
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