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Report No. 161

Chapter III

Scope of Directions of Supreme Court in Vineet Narayan's Case

3.1. Terms of reference of Independent Review Committee (IRC).-

While appreciating the parameters of the directions given by the Hon'ble Supreme Court in Vineet Narayan's case (supra) to combat with the evil studied in the preceding chapter, it becomes necessary to quote the terms of references of the IRC as set out in the Vineet Narayan's case (supra) as follows:-

"18. The same perception of the Government of India led it to constitute another Committee by Order No. 226/2/97-AVD-II dated 8th September, 1997 comprising of Shri B.G. Deshmukh, former Cabinet Secretary, Shri N.N. Vohra, Principal Secretary to the Prime Minister and Shri S.V. Giri, Central Vigilance Commissioner, called the Independent Review Committee (IRC). The order reads as under:

"Whereas the Government of India is of the opinion that it is necessary to set up a Committee for going into the matters mentioned hereinafter;

2. Now, Therefore, a Committee of the following is hereby set up:

(i) Shri B.G. Deshmukh, former Cabinet Secretary

(ii) Shri N.N. Vohra, Principal Secretary to the Prime Minister

(iii) Shri S.V. Giri Central Vigilance Commissioner. Shri N.N. Vohra shall act as Convener.

3. The terms of reference of the Committee are as under:

(i) To monitor the functioning of the nodal agency established by the Ministry of Home Affairs in pursuance of the recommendations of the Vohra Committee Report.

(ii) To examine the present structure and working of the Central Bureau of Investigation (CBI), the Enforcement Directorate and related agencies to suggest the changes, if any, needed to ensure:

(a) that offences alleged to have been committed by any person, particularly those in positions of high authority, are registered, investigated and prosecuted fairly and expeditiously, ensuring against, inter alia, external pressure, arbitrary withdrawals or transfers of personnel etc., and ensuring adequate protection to the concerned functionaries to effectively discharge their duties and responsibilities;

(b) that there are sufficient checks and balances to ensure that the powers of investigation and prosecution are not misused;

(c) that there are no arbitrary restrictions to the initiation of investigations or launching of prosecutions.

4. The Committee should give its report with regard to the items mentioned in paragraph 3(ii) above within a period of 3 months."

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