CBI
The Central Bureau of Investigation (CBI) is the premier investigating agency and securityservice of India.[3]. Operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions, the CBI is headed by the Cabinet Minister who reports directly to the Prime Minister. The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other high profile cases.[4]
History
Special Police Establishment (SPE)
The Bureau of Investigation braces its origins to the Special Police Establishment, is Central Government Police force, which was set up in 1941 by the government. The functions of the SPE were to investigate bribery and corruption in transactions with the War and Supply Department of India, set up during World War II with its headquarters in Lahore. The Superintendent of the War Department and the SPE was Khan Bahadur Qurban Ali Khan, who later became governor of the North West Frontier Province at the creation of Pakistan. The first legal advisor of the War Department was Rai Sahib Karam Chand Jain. After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.Sahib Karam Chand Jain remained its legal advisor when the department was transferred to the Home Department by the 1946 Delhi Special Police Establishment Act[citation needed].
This is DSPE's scope was enlarged to cover all departments of the Government of India. Its jurisdiction extended to the Union Territories, and could be further extended to the states with the consent of the state governments involved. Sardar Patel, first Deputy Prime Minister of free India and head of the Home Department, desired to weed out corruption in erstwhile princely states such as Jodhpur, Rewa and Tonk. Patel directed Legal Advisor Karam Chand Jain to monitor criminal proceedings against the dewans and chief ministers of those states.
Th DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated 1.4.1963.
CBI takes shape
The CBI established a reputation as India's foremost investigative agency with the resources for complicated cases, and it was requested to assist the investigation of crimes such as murder, kidnapping and terrorism. The Supreme Court and a number of high courts in the country also began assigning such investigations to the CBI on the basis of petitions filed by aggrieved parties. In 1987, the CBI was divided into two divisions: the Anti-Corruption Division and the Special Crimes Division.
D. P. Kohli
The founding director of the CBI was D. P. Kohli, who held the office from 1 April 1963 to 31 May 1968. Before this, Kohli wasInspector-general of police for the Special Police Establishment from 1955 to 1963 and held law-enforcement positions in Madhya Bharat (as chief of police), Uttar Pradesh and local central-government offices. For distinguished service, Kohli was awarded thePadma Bhushan in 1967.
Kohli saw in the Special Police Establishment the potential to growing into a National Investigative Agency. He nurtured the organisation during his long career as inspector general and director and laid the foundation on which the agency grew.
Organisational structure
The CBI is headed by a Director, an IPS officer with a rank of Director General of Police . The director is selected based on the CVC Act 2003, and has a two-year term. Other ranks in the CBI which may be staffed by the IRS and the IPS are Special Director, Additional Director, Joint Director, Deputy Inspector General of Police, Senior Superintendent of Police, Superintendent of Police, Additional Superintendent of Police, Deputy Superintendent of Police. Inspector, Sub-Inspector, Assistant Sub-Inspector, Head constable, Constable which are recruited through SSC or through deputation from Police and Income Tax Department.
Selection committee
The amended Delhi Special Police Establishment Act empowers a committee to appoint the director of CBI. The committee consists the following people:
- Prime Minister – chairperson
- Leader of Opposition – member
- Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member
When making recommendations, the committee considers the views of the outgoing director.
Above Selection committee was constituted under The Lokpal and Lokayuktas Act, 2013. Before this central vigilance commissioner, under CVC act, had this power.
NDA government, on 25 November 2014, moved an amendment bill to do away with the requirement of quorum in high-profile committee while recommending the names, for the post of director CBI, to the central government by introducing the clause "no appointment of a (CBI) director shall be invalid merely by reason of any vacancy or absence of members in the panel". and to replace the LOP with Leader of single largest opposition party or pre-election coalition as at present there is no Leader of opposition in the Loksabha.[5]
Infrastructure
CBI headquarters is a ₹186 crore(US$29 million), state-of-the-art 11-story building in New Delhi, housing all branches of the agency.[6] The 7,000-square-metre (75,000 sq ft) building is equipped with a modern communications system, an advanced record-maintenance system, storage space, computerised access control and an additional facility for new technology. Interrogation rooms, cells, dormitories and conference halls are provided. The building has a staff cafeteria with a capacity of 500, men's and women's gyms, a terrace garden, and bi-level basement parking for 470 vehicles. Advanced fire-control and power-backup systems are provided, in addition to a press briefing room and media lounge.[6]
The CBI Academy in Ghaziabad, Uttar Pradesh (east of Delhi) began in 1996.[7] It is about 40 kilometres (25 mi) from the New Delhi railway station and about 65 km (40 mi) from Indira Gandhi International Airport. The 26.5-acre (10.7 ha) campus, with fields and plantations, houses the administrative, academic, hostel and residential buildings. Before the academy was built a small training centre at Lok Nayak Bhawan, New Delhi, conducted short-term in-service courses. The CBI then relied on state police-training institutions and the Sardar Vallabhbhai Patel National Police Academy inHyderabad for basic training courses for deputy superintendents of police, sub-inspectors and constables.
The Academy accommodates the training needs of all CBI ranks. Facilities for specialised courses are also made available to the officials of the state police, central police organisations (CPOs), public-sector vigilance organisations, bank and government departments and the Indian Armed Forces.
Jurisdiction, powers and restrictions
The legal powers of investigation of the CBI are derived from the DSPE Act 1946, which confers powers, duties, privileges and liabilities on the Delhi Special Police Establishment (CBI) and officers of the Union Territories. The central government may extend to any area (except Union Territories) the powers and jurisdiction of the CBI for investigation, subject to the consent of the government of the concerned state. Members of the CBI at or above the rank of sub-inspector may be considered officers in charge of police stations. Under the act, the CBI can investigate only with notification by the central government.
Relationship with state police
Maintaining law and order is a state responsibility as "police" is a State subject, and the jurisdiction to investigate crime lies with the state police exclusively . The CBI being a Union subject may investigate:
- Offences against central-government employees, or concerning affairs of the central government and employees of central public-sector undertakings and public-sector banks
- Cases involving the financial interests of the central government
- Breaches of central laws enforceable by the Government of India
- Major fraud or embezzlement; multi-state organised crime
- Multi-agency or international cases
High Courts and the Supreme Court
The High Courts and the Supreme Court have the jurisdiction to order a CBI investigation into an offence alleged to have been committed in a state without the state's consent, according to a five-judge constitutional bench of the Supreme Court (in Civil Appeals 6249 and 6250 of 2001) on 17 Feb 2010. The bench ruled:
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