In the light of recent events at Birbhumi, the CBI has come into play. The calcutta high court has recently called upon the CBI to investigate the mass killings and submit a report timely. This brings to the fore a question: What is CBI and how does it function?
What is CBI?
CBI is the premier investigative agency in the country today, with a dual responsibility to investigate grievous cases and provide leadership and direction in fighting corruption to the Police force across the country.
When the british government in the early stages of world war II realized that there was a huge misappropriation of funds in the name of war effort, they decided to nab the offenders. In the light of this, in 1941 a Special Police Establishment was created with a mandate to investigate cases of corruption. However, its scope was limited to the war related transactions.
In 1943, a special police force was created by an ordnance, whose role was to investigate all crimes related to corruption in central government. This ordnance lapsed in 1946, when it was replaced by Delhi Special Police Establishment (DSPE) Act, 1946. The CBI, even in modern day, derives its authority from the same act.
CBI powers etc, especially important for competitive exams
- CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946. Section 2 of the Act vests DSPE with jurisdiction to investigate offenses in the Union Territories only. However, the jurisdiction can be extended by the Central Government to other areas including Railway areas and States under Section 5(1) of the Act, provided the State Government accords consent under Section 6 of the Act.
- The executive officers of CBI of the rank of Sub Inspector and above, exercise all powers of a station office in-charge of the police station for the concerned area for the purpose of investigation.
- As per Section 3 of the Act, Special Police Establishment is authorised to investigate only those cases, which are notified by the Central Government from time to time.
- After the act, the Headquarters of SPE was shifted to Delhi and the organisation was put under the charge of Director, Intelligence Bureau. However, in 1948, a post of Inspector General of Police, SPE was created and the organisation was placed under his charge.
- In 1953, an Enforcement Wing was added to the SPE to deal with offences under the Import and Export Control Act.
- A growing need was felt for a Central Police Agency at disposal of the Central Government which could investigate not only cases of bribery and corruption, but also violation of Central fiscal laws, major frauds relating to Government of India departments, public joint stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organised gangs and professional criminals.
- The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
- Therefore, the Government of India set up Central Bureau of Investigation by a resolution of the Ministry of Home Affairs dated 1st April, 1963 with the following divisions:
- Investigation &Anti Corruption Division (Delhi Special Police Establishment)
- Technical Division
- Crime Records and Statistics Division
- Research Division
- Legal and General Division
- Administration Division
- The Investigation & Anti-Corruption Division (Delhi Special Police Establishment) was entrusted with the mandate in the resolution although it continued to derive its jurisdiction and powers from DSPE Act, 1946.
- CBI was further strengthened by addition of an Economic Offences Wing by a Government of India Resolution dated 29.2.1964. At this time, CBI had two investigation Wings; one called the General Offences Wing which dealt with cases of bribery and corruption involving employees of Central Government/PSUs and the other Economic Offences Wing, which dealt with cases of violation of fiscal laws.
- In September, 1964 a Food Offences Wing was formed to collect intelligence regarding hoarding, black marketing, smuggling and profiteering in food grains and take up such cases having inter-state ramifications in view of the situation prevailing at that time. It was merged in the Economic Offences Wing in 1968.
- As time passed, lot of the work originally allotted to the CBI was transferred to other organisations. The function of Crime Records and Statistics Division was transferred to NCRB and that relating to Research Division was transferred to BPR&D.
- Due to increased work load relating to Securities Scam cases and rise in economic offences with the liberalization of Indian economy, a separate Economic Offences Wing was established in 1994 consequent to the approval of reorganization plan of the CBI.
- Accordingly, three investigation Divisions were created in CBI.
- Anti Corruption Division: To deal with cases of corruption and fraud committed by public servants of all Central Government Departments, Central Public Sector Undertakings and Central Financial Institutions.
- Economic Crimes Division: – To deal with bank frauds, financial frauds, Import Export & Foreign Exchange Violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.
- Special Crimes Division: To deal with cases of terrorism, bomb blasts, sensational homicides, kidnapping for ransom and crimes committed by the mafia/underworld.
- Pursuant to the direction of Hon’ble Supreme Court in Vineet Narayan and others vs. Union of India, the existing Legal Division was reconstituted as the Directorate of Prosecution in July 2001. As on date, CBI has the following Divisions:
- Anti Corruption Division
- Economic Offences Division
- Special Crimes Division
- Directorate of Prosecution
- Administration Division
- Policy & Coordination Division
- Central Forensic Science Laboratory
- Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. With enactment of CVC Act, 2003 the Superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.
- Director, CBI has been provided security of two year tenure in CBI by the CVC Act, 2003. The CVC Act also provides mechanism for selection of Director, CBI and other officers of the rank of SP and above in CBI.
- The Director of the CBI is appointed as per section 4A of the Delhi Special Police Establishment Act of 1946.
- The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to appointment of the Director of CBI:
- Appointment Committee: The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court (SC) nominated by him.
- A Supreme Court’s verdict says a person having less than six months of service left should not be considered for the appointment as Police chiefs/CBI chief.
- The Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of CBI.
- It states that where there is no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.
The issue of general consent
The CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. The consent of the state government to CBI can be either case-specific or general.
- General consent is normally given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states.
- This is consent by default, in the absence of which the CBI would have to apply to the state government in every case, and before taking even small actions.
Traditionally, almost all states have given CBI general consent. However, since 2015 onward, several states have begun to act differently. Some states that have withdrawn this consent are: Meghalaya, Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, and Mizoram. All these states except Mizoram and Meghalaya are ruled by the anti-BJP opposition. The first state to withdraw consent was Mizoram in 2015.
At the time of withdrawing consent, all states alleged that the central government was using the CBI to unfairly target the opposition.
This withdrawal has a strong implication for the states:
- No registration of fresh cases :
- It means the CBI will not be able to register any fresh case involving officials of the central government or a private person in the state without the consent of the state government.
- Loss of power
- CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
Now, to help CBI counter this issue, In an order passed on October 11, 2018, Delhi High Court ruled that the CBI could probe anyone in a state that has withdrawn general consent, if the case was not registered in that state. This means if a case is filed in Delhi against a person based in Kolkata, then the CBI does not need the consent of WB government to prosecute the person. Hence, this could mean a practical bypass to the issue of general consent. However, there is much ambiguity on the matter.
Well folks, that is all about the CBI. I hope the article is fruitful for you. Do share your thoughts in the comment box here!
