SC again compares CBI to 'caged parrot', asks agency to dispel notion

New Delhi: The Supreme Court's stinging observation in 2013 that the CBI is a "caged parrot" came back to haunt the agency on Friday when the apex court said it is "imperative" for the probe agency to have a perception of being an "uncaged parrot".

A top court bench headed by Justice R M Lodha (since retired), while hearing the infamous coal scam matter in May 2013, had dubbed the CBI as a "caged parrot speaking in master's voice".

On Friday, a bench comprising Justices Surya Kant and Ujjal Bhuyan granted bail to Delhi Chief Minister Arvind Kejriwal in a corruption case lodged by the Central Bureau of Investigation (CBI) in connection with the excise policy 'scam'.

Justice Bhuyan, who wrote a separate judgement, observed that in a functional democracy governed by the rule of law, perception matters and like Caesar's wife, an investigating agency must be above board.

"Not so long ago, this court had castigated the CBI comparing it to a caged parrot. It is imperative that CBI dispel the notion of it being a caged parrot. Rather, the perception should be that of an uncaged parrot," Justice Bhuyan said in his 31-page concurring verdict granting bail to Kejriwal.

Justice Bhuyan said the CBI was a premier investigating agency of the country and it was in public interest that it must not only be above board but must also be seem to be so.

"Rule of law, which is a basic feature of our constitutional republic, mandates that investigation must be fair, transparent and judicious. This court has time and again emphasised that fair investigation is a fundamental right of an accused person under Articles 20 and 21 of the Constitution of India," he said.

Justice Bhuyan said investigation must not only be fair but must be seem to be so and every effort must be made to remove any perception that probe was not carried out fairly and that arrest was made in a high-handed and biased manner.

The "caged parrot" observations by Justice Bhuyan brought back the memories of similar remarks made by the apex court during the hearing in the coal scam case in May 2013.

The top court had then criticised the CBI and others for changing the "heart" of the probe report of the coal scam.

The Justice Lodha-led bench had observed that the CBI was like a "caged parrot".

It had also observed that the government should try to bring a law to insulate the CBI from external influence.

The "caged parrot" remarks by the apex court in 2013 was latched on by the then opposition parties to attack the then Manmohan Singh-led UPA government over corruption allegations.

In recent times, opposition parties have been severely criticising the central probe agencies like the CBI and the Enforcement Directorate for targeting their leaders, allegedly at the behest of the BJP-led Centre.