The Supreme Court on Friday revisited its previous characterization of the Central Bureau of Investigation (CBI) as a “caged parrot,” stressing the importance for the agency to emerge as an “uncaged parrot” to restore public faith and operational independence.
The remarks were made during the bail hearing of Delhi Chief Minister Arvind Kejriwal, concerning allegations in the excise policy ‘scam’. Justices Surya Kant and Ujjal Bhuyan, presiding over the case, granted Kejriwal bail, with Justice Bhuyan writing a detailed 31-page concurring judgment.
Echoing sentiments from a 2013 Supreme Court judgment which labeled the CBI similarly during the coal scam investigation, Justice Bhuyan emphasized the critical need for the CBI to be perceived as independent. “Like Caesar’s wife, an investigating agency must be above board,” he remarked, underscoring the necessity for fairness, transparency, and judicial oversight in investigations.
Justice Bhuyan reiterated the constitutional requirement for investigations to be fair and seen as fair, invoking Articles 20 and 21 of the Constitution which ensure the right to a fair investigation as a fundamental aspect of an accused person’s rights.
The historical context of the ‘caged parrot’ comment dates back to a 2013 Supreme Court observation by a bench led by then Justice R.M. Lodha. The court had criticized the CBI’s lack of autonomy in its probe into the coal allocation scandal, urging the government to enact laws to shield the agency from external influences.
This renewed critique comes at a time when the CBI, along with other central probe agencies, faces accusations from various opposition parties of being used as a political tool by the current BJP-led government to target opposition leaders.
