All You Need to know about the CBI

What is the Central Bureau of Investigation (CBI)?

The primary investigating police agency of India is known as the Central Bureau of Investigation (CBI). It is responsible to investigate a vast variety of criminal matters and national security matters and serves as the main agency of the Union Government. The CBI was established on April 01, 1963, and earlier, drew power from the Special Police Force (SPF). However, later it was brought under the Government of India's Home Ministry. Since CBI is a specialized agency, it takes up matters pertaining to corruption by public officials and various other economic expenses, which include frauds and scandals. It does not deal with general matters and matters of routine nature as the police force does. Therefore, it mainly deals with economic and conventional offenses to ensure the protection of national security.

The Vision of CBI

The goal of CBI is to excel in criminal investigation and prosecution while becoming as the top investigative organisation. It also seeks to uphold the rule of law and deliver justice.

• It aims at maintaining the greatest levels of transparency and integrity in its operations

• Through investigation and prosecution, it aims to reduce violent crime, public corruption, and economically violent crimes.

• The CBI also aims to use technology and contemporary investigative methods to enhance its investigations.

Historical Background of the CBI

The Government of British India realized that offenses related to corruption and bribery were at an all-time high during World War II and therefore, a need to establish an agency specialized in dealing with such matters was felt. Since the existing police forces were inept to deal with matters such as this, an order setting up the Special Police Establishment was passed by the British Indian Government in 1941. A Special Police Force was constituted in 1943 by an Ordinance passed by the government. The Ordinance lapsed in 1946 after which the Delhi Special Police Establishment Act, 1946 was passed. Later, the government realized that there must be a Central Police Agency in place to not only handle the steadily increasing cases of fraud, malpractices, and corruption but also to deal with fraudulent cases committed by professional offenders. A Resolution was soon drafted, and on 01 April 1963, the CBI came into existence.

Constitutional status of CBI

In 1941, the CBI was founded as the Special Police Establishment. It is a federal organisation that falls under the purview of the Indian government's Ministry of Personnel, Public Grievances, and Pensions. Hence, it is essential to remember that Central Bureau of Investigation (CBI) is a statutory agency and not a constitutional one. Its jurisdiction and powers are not derived from the Indian Constitution but rather from the Delhi Special Police Establishment Act of 1946. To ensure a balance of power between the central and state governments in criminal investigations, it is crucial to highlight that the CBI can only be authorised by the federal government to investigate crimes in a state with the approval of the concerned State Government.

Infrastructure of CBI headquarter

All of the CBI's branches are housed in the 186 crore rupee ($23 million), 11-story edifice that serves as the agency's headquarters. A contemporary communications system, a sophisticated record-maintenance system, storage space, computerised access control, and a separate facility for new technologies are all included in the 7,000 square metre (75,000 square foot) structure. There are conference rooms, interrogation rooms, and cells available. The structure contains a 500-seat employee cafeteria, gyms, a terrace garden, and 470 parking spaces in a bi-level basement. There are also advanced fire-control and power-backup systems, a press briefing room, and a media lounge available. In 1996, the CBI Academy opened in Ghaziabad, Uttar Pradesh (to the east of Delhi). It is around 65 km (40 mi) from Indira Gandhi International Airport and about 40 km (25 mi) from the New Delhi railway station. The administrative, academic, hostel, and residential buildings are located on the 26.5-acre (10.7 ha) campus, which also has farms and plantations. Short-term in-service courses were offered at a modest training facility in New Delhi's Lok Nayak Bhawan prior to the construction of the academy. After that, the CBI resorted to regional police academies and the Hyderabad-based Sardar Vallabhbhai Patel National Police Academy for the fundamental training of deputy superintendents of police, sub-inspectors and constables. All CBI ranks can receive the training they require at the Academy. The officials of the state police, central police organisations (CPOs), public-sector vigilance agencies, banks, government departments, and the Indian Armed Forces are also provided with facilities for specific courses.

Organizational Structure of the CBI

The existing divisions, which earlier were six, were reconstituted in July 2001, and therefore, at present, the CBI has the following divisions:

1. Anti Corruption Division,

2. Economic Offences Division,

3. Special Crimes Division,

4. Directorate of Prosecution,

5. Administration Division,

6. Policy & Coordination, and

7. Central Forensic Science Laboratory.

Composition of the CBI

A Director is the head of the CBI and is further assisted by a Special Director. It further comprises superintendents of police, other ranks of police professionals, deputy inspector generals, and joint directors.

Director of the CBI

The Director of the CBI is in charge of the organization's management. Until 2014, the CBI Director was appointed under the 1946 DSPE Act. On the recommendation of the Supreme Court in the Vineet Narain case, the DSPE Act was changed in 2003. A committee comprised of members from the Central Vigilance Commission, Secretaries from the Home Ministry, Ministry of Personnel, and the Ministry of Public Grievances would make recommendations to the Central Government for the CBI Director's appointment. The Lokpal Act of 2014 established a body to appoint the CBI Director:

1. Prime Minister is in charge.

2. Other members include the Leader of the Opposition/the single largest opposition party and the Chief Justice of India Supreme Court Judge.

DoPT receives a list of eligible candidates from the Home Ministry. The DoPT compiles the final list, which is sent to the committee, based on seniority, honesty, and experience in anti-corruption investigations. The Director of the CBI has been given a two-year contract.

Jurisdiction, powers and restrictions of CBI

The DSPE Act of 1946, which grants the Delhi Special Police Establishment (CBI) and officers of the Union Territories rights, duties, privileges, and liabilities, serves as the legal foundation for the CBI's investigations. Subject to the agreement of the government of the concerned state, the federal government may expand the investigative authority of the CBI to any area (apart from Union Territories). Officers in charge of police stations may be CBI personnel with the rank of sub-inspector or higher. A federal government notification is required for the CBI to conduct an investigation under the legislation. In response to a query, the state minister in the prime minister's office notified the Rajya Sabha in 2022 that a total of nine states have revoked their general approval of the CBI's ability to look into matters in those areas. West Bengal, Maharashtra, Rajasthan, Kerala, and Punjab are among the states. Tamil Nadu was the twelfth state to revoke its consent in June 2023.

Sources of Powers of CBI

As it has been previously mentioned, CBI is not a constitutional body but a statutory body which derives it powers from the Delhi Special Police Establishment Act of 1946.

• Its key responsibility is to uphold administrative integrity and fight corruption.

• It operates under the direction of the CVC (Central Vigilance Commission) in situations relevant to the Prevention of Corruption Act, 1988.

• However, if the State Government gives its assent in accordance with Section 6 of the Act, the Central Government may, under Section 5(1) of the Act, expand its jurisdiction to other areas, including railway areas and states.

• The organisation relies on the home ministry for staffing because a large portion of its investigators are from the Indian Police Service.

• Additionally, the CBI lacks significant functional autonomy and is dependent on the Ministry of Law for attorneys.

Functions of the CBI

Besides acting as the National Central Bureau of Interpol in India, the following are the functions of the CBI:

1. It investigates cases related to fraud and corruption, misbehavior by government officials, and scams,

2. It investigates serious crimes that have serious national and international consequences, and

3. It maintains crime statistics and disseminates criminal information.

Types of Cases handled by the CBI

The following types of cases are dealt with by the CBI:

1. Anti-corruption crimes: The CBI investigates crimes under the Prevention of Corruption Act. These cases are usually registered against public officials, employees of the union government, corporations owned by the government of India, or public sector undertakings.

2. Special crimes: The CBI deals with organized and serious crimes listed under the Indian Penal Code (IPC), 1860 when asked by the State Governments or when ordered by the High Court or the Supreme Court. These include cases related to terrorism, kidnapping for ransom, and crimes committed by the mafia or the underworld.

3. Economic Offences: The CBI is responsible for investigating major financial and economic scams and frauds that include crimes related to fake Indian currency notes, cybercrime, bank frauds, violations related to import-export and foreign exchange, and large-scale narcotics crimes, or smuggling other contraband items.

4. Suo-moto cases: The CBI has the power to take up investigation of cases suo moto in Union Territories. The Union Government holds the power to authorize the CBI to investigate a crime in the state only after the concerned state has provided its consent. The Supreme Court and the High Courts do not require the consent of the state to investigate a crime before ordering the CBI to do so.

Difference between CBI and State Police Forces

The following are the differences between the CBI and the State Police Forces:

1. While the State Police Force has numerous tasks to deal with, the CBI is solely entrusted with investigating criminal cases.

2. The work related to supervision and crime investigation were undertaken by the CBI is much higher than that of the State Police Force.

3. The CBI need not use physical force the way the State Police Force does while dealing with the public.

4. While CBI functions under the Union Government and reports to the Prime Minister, the State Police Force reports to the Chief Minister of the particular State under which it functions.

What are the challenges faced by the CBI?

1. Due to excessive political meddling in its operations, the Supreme Court of India has attacked the CBI, calling it a “ caged parrot speaking in its master's voice.”

2. Improving the agency's image has been one of the most difficult issues so far, as the agency has been chastised for its mishandling of several high-profile cases and the mishandling of several sensitive matters.

3. The CBI is immune from the provisions of the Right to Information Act, which means it is not accountable to the public.

4. One of the key causes of the shortfall is the government's gross mismanagement of the CBI's employees, which includes an inefficient and seemingly biassed recruitment system that was utilized to bring in preferred officials, potentially to the organization's damage.

5. The need for prior clearance from the Central Government to undertake an inquiry or probe into Central Government officials is a major roadblock in the fight against corruption at the highest levels of government.

The need for prior clearance from the Central Government to undertake an inquiry or probe into Central Government officials is a major roadblock in the fight against corruption at the highest levels of government.

Criticism by Supreme Court of India

Due to the CBI's excessive political influence, regardless of whose party was in power at the time, Supreme Court of India Judge R. M. Lodha, who later became Chief Justice of India, criticised the CBI as a & quot caged parrot speaking in its master's voice& quot in 2013. Former officers like Joginder Singh and B. R. Lall (director and joint director, respectively) have exposed the CBI as indulging in corruption, unfair prosecution, and nepotism as a result of the agency's political undertones. Lall describes how inquiries are distorted and mishandled in his book Who Owns CBI. According to information collected under the RTI Act, there is corruption within the organisation. RTI activist Krishnanand Tripathi claims that the CBI is harassing him in order to protect itself from being exposed through RTI. The states that withdrew their consent from the CBI have said that it is a tool utilised by the Union Government to unfairly target ideologically opposing parties.

Major cases solved by CBI

Bofors Scandal: In the 1980s, powerful politicians in India were accused of engaging in widespread corruption. Delays and claims of political meddling tarnished the case while the CBI investigated it. Ottavio Quattrocchi and his wife were charged but not found guilty, and the scandal had a big impact on the political climate in India.

Hawala Scandal: A vast network of unlawful financial activities, including payments to politicians, were implicated in the Hawala affair. Despite notable arrests, the case resulted in no convictions, casting doubt on the CBI's ability to effectively combat corruption.

Priyadarshini Mattoo Murder Case: The involvement of the accused, who was the son of a senior police officer, helped this case acquire recognition. The public's anger over the initial verdict of not guilty prompted the CBI's appeal, which ultimately resulted in a rape and murder conviction.

Sister Abhaya Murder Case: The murder of a nun in the unusual case of Sister Abhaya was at the centre of the investigation. The case was finally resolved after nearly 30 years and numerous investigations, with the primary accuser receiving a life sentence in jail from the Kerala High Court in December 2020.

Sohrabuddin Case: There have been claims that the CBI pressured officers to make accusations in the Sohrabuddin case in Gujarat, which sparked political controversy. Politically sensitive, the case raised questions about the CBI's independence and objectivity.

S. Singh Chatwal Case: This case lasted for more than ten years and involves accusations of bank fraud. Charges were brought, but the matter was ultimately resolved without a hearing, raising concerns about the CBI's capability to handle cases of financial crime.

Malankara Varghese Murder Case: Concerns regarding the CBI's handling of the case emerged from the delay in the arrest of the priest charged with murder. The agency's handling of this issue was criticised by the media and the Kerala High Court.

Bhopal Gas Tragedy: One of the deadliest industrial accidents in history occurred in the Bhopal gas tragedy case. The CBI came under criticism for how it handled the case claims of leniency towards the CEO of Union Carbide were made, and this was considered a failure to provide the victims with justice.

The 2G spectrum case: It was a well-publicized corruption scandal that shook the Indian telecom sector. The CBI investigation received criticism for moving too slowly, which prompted the Supreme Court to step in.

Indian Coal Allocation Scam: The transfer of coal deposits to private firms was the subject of the widespread corruption scandal known as the Indian coal allocation scam. Concerns about political meddling in the probe arose after it was revealed that politicians were given access to the CBI's status report.

Why do you need a lawyer?

Any successful defense, whether civil or criminal, is based on a sound strategy. It is significant to lay down an effective way to counter the prosecution's case which can only be done with the help of a lawyer. A case in the hands of the CBI can be extremely complicated and a criminal lawyer well-versed with civil and criminal laws will enable the accused to defend their case effectively. Therefore, it is exceedingly significant for an accused to contact a lawyer as soon as an investigation by the CBI is initiated.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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