Introduction
The Central Bureau of Investigation (CBI) is the domestic premier intelligence and security agency of India. Over the years CBI has built up an image for professionalism and integrity. The services of its investigating officers are sought for all major investigations in the country. CBI as an organisation is held in high esteem by the Supreme Court, the High Courts, the Parliament and the public. The CBI has to investigate major crimes in the country having interstate and international ramifications.
The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other high profile cases. Like most other National Security departments, CBI has also been exempted from the purview of the Right to Information (RTI) Act, 2005
The CBI is India’s officially designated single point of contact for liaison with the Interpol.
The CBI is headquartered in Delhi and Rishi Kumar Shukla as the current director of the CBI.
History
The CBI traces its origin to the Special Police Establishment (SPE), a Central Government police force which was set up in 1941 to investigate bribery and corruption in transactions with the War and Supply Department of India during World War II.
After the war ended, a need for a central agency to investigate cases of bribery and corruption was felt by the officials of the Central Government. Thus, the Delhi Special Police Establishment (DSPE) Act was enacted in 1946.
The Act enlarged the scope of superintendence of DSPE to the Home Department. Further its functions were enlarged to cover all the departments of the Government of India. Its jurisdiction is extended to all the Union Territories and could be extended to the States with their consent.
The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated 1.4.1963.
The first director of CBI was D.P. Kohli, who held his office from 1st April 1963 to 31 May, 1968. He was also awarded the Padma Bhushan in 1967.
The agency is still govern by the 1946 Act however in a series of moves in the 1960s its purview was expanded. From investigating corruption among senior civil servants to being able to probe into the irregularities that crept in at all public sector bodies, including state-own banks. Its investigations also include prominent crimes such as cases of terrorism murder and kidnapping.
Organisation and Composition
The CBI is headed by a director who is an IPS officer with the rank of Director General of Police (DGP). The director is select for a two-year term by the Appointment committee as mention in Delhi Special Police Establishment Act, 1946 amend through the Lokpal and Lokayukta Act, 2013 and Central Vigilance Commission (CVC) Act, 2003.
The Appointment Committee includes:
- The Prime Minister- Chairperson
- Leader of Opposition or Leader of Single Largest Opposition Party in Loksabha, if the former is not present due to lack of mandated strength in the Loksabha- Member
- Chief Justice of India or a Supreme Court judge as recommended by the Chief Justice of India- Member
Other ranks in the CBI may be staffed by the IRS (Indian Revenue Service) Officer and the IPS are Special Director, Additional Director, Joint Director, Deputy Inspector General of Police, Senior Superintendent of Police, Additional Superintendent of Police, Deputy Superintendent of Police, Inspector, Sub Inspector, Assistant Sub Inspector, Head Constable, Constable which are recruit through SSC or through deputation from Police, Income Tax or Customs Department.
In total, the agency has about 5000 staff members, more than 125 forensic scientists and more than 250 law officers.
Wings or Divisions of CBI
Earlier CBI had 6 divisions:
- Investigation and Anti-Corruption Division.
- Technical Division
- Crime Record and Statistics Divisions
- Research Division
- Legal and General Division.
- Administration Division
Later, the divisions were reconstituted as below:
- Anti Corruption Division
- Special Crimes Division
- Economic offences Division
- Technical Advisory Units
- Directorate of Prosecution
- Policy Division
- Administration Division
- System Division
- Co-ordination Division
- Central Forensic Laboratory
- Training Division
Functioning of CBI
The CBI functions under the Ministry of Personnel, Pension and Public Grievances of Government of India.
The following broad categories of criminal cases are handled by CBI:
- Cases of corruption and fraud committed by public servants of Central Government Departments, Central Public Undertakings and Central Financial Institutions
- Economic Crimes, including bank frauds, financial frauds, Import-Export and Foreign Exchange violations, large scale smuggling of narcotics, antiques, cultural property, smuggling of other contraband items etc.
- Special Crimes such as cases of terrorism, bomb blasts, sensational homicides, kidnapping for ransom, and crimes committed by the mafia or underworld.
Central Vigilance Commission (CVC) and CBI
The CVC shall be responsible to oversee the functioning of CBI in order to ensure its efficient functioning. The CVC is the corruption watchdog of the CBI. The CBI needs to inform and report to CVC in matters related to its investigation.
As per the CVC Act notified on 12.09.2003, the superintendence over CBI so far as it relates to investigations of the offences allege to have been commit under the Prevention of Corruption Act, 1988 shall vest in CVC.
The guidelines regarding superintendence of the CVC over the CBI were down in Vineet Narain and Ors. v. Union of India[1].
The case was concerned with the infamous Hawala Scandal which uncover possible bribery payments made to several high ranking Indian politicians and bureaucrats from a funding source link to suspect terrorists.
The public was by the fact that CBI fail to initiate investigations against officials; who were extremely influential in government and politics.
The Court too agreed on the fact that CBI had failed in its responsibility to investigate allegations of public corruption and thus laid down guidelines to ensure the autonomy of CBI and placed it under the supervision of CVC.
The Court struck down the validity of a directive of the Central Government which required the CBI to seek for approval of the Central Government before pursuing an investigation against bureaucrats of the level of Joint Secretary and above on ground that it violated the independence of the investigative process.
However the CVC Act, 2003 reinstated the requirement. This directive was again in Dr Subramaniam Swamy v. Director, CBI and Ors. in 2014 on the basis that it violated the right to equality guaranteed under Article 14 of the Constitution.
Jurisdiction of CBI vis-a-vis State Police
Law and Order is a State subject and the basic jurisdiction to investigate crime lies with State police. Moreover, due to limited resources, CBI is not capable to investigate every kind of crime.
However, CBI may investigate:
- Cases which are essentially against Central Government employees or concerning affairs of the Central Government
- Cases where the financial interests of the Central Government are involve.
- Also cases relating to the breaches of central laws with the enforcement of which the Government of India is mainly concerned.
- Big cases of fraud, cheating, embezzlement, and the like relating to companies in which large funds are involve and similar other cases when commit by organise gangs or professional criminals having ramifications in several states
- Cases having interstate and international ramifications and involving several official agencies where, from all angles, it is consider that a single investigating agency should be in charge of the investigation.
Constitutionality of CBI
According to the judgement delivered by Gauhati High Court in Navendra Kumar v. Union of India[2], it was held that CBI is unconstitutional and does not hold any legal status.
However, the Supreme Court stayed the order delivered by Gauhati High Court.
The CBI does not arise from any of the constitutional provisions thus many law experts have argued that CBI does not have constitutional validity as such.
Controversies and Criticism
CBI is a very specialize agency and possesses great investigating skills. However, CBI is not to be very partial when it comes to dealing with; crimes committed by higher-ranked officials or politicians.
CBI was hit by controversial incidents over the years, few significant ones are mentioned below:
- Supreme Court Calling CBI a “Caged Parrot”
In 2013 the Supreme Court called CBI a “Caged Parrot” as there was clear evidence in the Coal Blocks allocation Case that the Government used the Agency for their own benefits.
- Allegations against Special Director and Director of CBI
P. Singh, former CBI director was accused of corruption and bribery by the Central Investigating Agency and was in the headlines. Because of his links with controversial meat exporter Moin Qureshi.
The former Special director Rakesh Asthana was also accused of corruption in 2017.
- Bansal Family Suicide Case
Former Director-General of Foreign Affairs B.K. Bansal and his family committed suicide in 2016. In the suicide note that they accused some CBI officials of threatening them.
- Ranjit Sinha’s Case
The then CBI Chief Ranjit Sinha was accused of being involved in a corruption case. The Supreme Court direct ask CBI Special Director ML Sharma to look into the case but the investigation against Sinha is yet to be complete.
- Sohrabuddin Case
CBI was accused of favouring former ruling party Congress against its opposition BJP. The CBI during the investigation of the case in Gujarat pressurise Geeta Johri who was investigating the same case to falsely implicate a former Gujarat Minister.
Conclusion
The CBI is an elite force of the nation which deals with cases related to matters of National security and does not interfere in trivial cases. However, the premier institution vested with the duty of maintaining National Security needs to undergo Structural Reforms to work efficiently.
There have been several instances where the CBI has been suspect by the citizens on their inability to initiate investigation against corrupt Politicians and Bureaucrats.
The past experiences and turmoil calls for proper reforms which are the need of the hour. It is a premier investigating institution of the Nation. Thus the Sanctity, Credibility, Sustainability and durability of the agency should be maintain in order to gain the belief and respect of the general public.
References:
[1] 18 December, 1997
[2] W.P.(C) No. 6877 of 2005
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