Correct option is D
The correct answer is (d) 1, 2 and 3.
Explanation
The provisions regarding the Director of Prosecution for the Delhi Special Police Establishment (DSPE) are laid down in Section 4BA of the DSPE Act, 1946 (inserted by the Lokpal and Lokayuktas Act, 2013).
- Statement 1 is correct: According to Section 4BA(3), the Central Government shall appoint the Director of Prosecution based on the recommendation of the Central Vigilance Commission (CVC).
- Statement 2 is correct: Under Section 4BA(4), the Director of Prosecution is guaranteed a tenure of not less than two years from the date they assume office, regardless of any other service rules. This ensures stability and independence in the prosecution process.
- Statement 3 is correct: According to Section 4BA(1), the Directorate of Prosecution is headed by a Director who must be an officer not below the rank of Joint Secretary to the Government of India.
Information Booster:
The creation of the Directorate of Prosecution within the CBI (DSPE) was a major reform aimed at separating the "investigation" wing from the "prosecution" wing to ensure legal objectivity.
Key Functional Aspects (Section 4BA):
- Supervision: While the Director of Prosecution leads the legal team, they function under the overall supervision and control of the Director of the CBI (Section 4BA(2)).
- Primary Duty: They are responsible for conducting and managing the prosecution of cases investigated by the DSPE in various courts.
- Legal Scrutiny: The Director of Prosecution reviews the evidence collected during investigations to determine if it is legally sufficient to file a charge sheet.
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