CBI, Central Bureau of Investigation

Know About : Central Bureau of Investigation (CBI)

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The Central Bureau of Investigation (CBI) is the premier investigating agency of India. 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.

The CBI headquarters are located at Lodhi Road in New Delhi.

History of CBI :

Special Police Establishment –
The Bureau of Investigation traces its origins to the Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India to investigate bribery and corruption in transactions with the War and Supply Department of India. It had its headquarters in Lahore. The Superintendent of the SPE was Khan Qurban Ali Khan, who later opted for Pakistan during the Partition of India. The first legal adviser 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.

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.

Mr. D. P. Kohli :

The founding director of the CBI was Mr. D. P. Kohli, who held the office from 1 April 1963 to 31 May 1968. Before this, Kohli was Inspector-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,

DP Kohli IPS, Firect Director of CBI
DP Kohli IPS, First Director of CBI

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 (Indian Police Service) 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.

Hierarchy & Selection :

Most of the posts in CBI are filled through Deputation from various Departments (State Police, Customs & Indirect Taxes, Central Armed Police Force {BSF, CRPF, RPF, etc}, Income Tax, etc). Whereas few Officers are directly recruited through SSC Exam (DSP, SI & Constable).

  1. Director 
  2. Special Director 
  3. Additional Director
  4. Joint Director
  5. Deputy Inspector General of Police
  6. Senior Superintendent of Police
  7. Superintendent of Police
  8. Additional Superintendent of Police
  9. Deputy Superintendent of Police (Also recruited directly through UPSC Exam)
  10. Inspector
  11. Sub-Inspector  (Also recruited directly through SSC Exam)
  12. Assistant Sub-Inspector
  13. Head Constable
  14. Constable. (Also recruited directly through SSC Exam)

 

Infrastructure :

CBI Hqrs in News Delhi

CBI headquarters is a Rs. 186 crore (US$28 million), state-of-the-art 11-story building in New Delhi, housing all branches of the agency. 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.

The CBI Academy in Ghaziabad, Uttar Pradesh (east of Delhi) began in 1996. 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 in Hyderabad for basic training courses for deputy superintendents of police, sub-inspectors and constables.

 

CBI Academy at Gaziabad (U.P.)

The Academy accommodates the training needs of all CBI ranks. Facilities for specialised courses are also made available to the officials of the, 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

cbi_director_gstwayout_income_tax_commissioner
Mr. Alok Verma, Present Director of CBI
Right to Information :

CBI is exempted from the provisions of the Right to Information Act. This exemption was granted by the government on 9 June 2011 (with similar exemptions to the National Investigating Agency (NIA) and the National Intelligence Grid (Natgrid)) on the basis of national security. It was criticized by the Central Information Commission and RTI activists, who said the blanket exemption violated the letter and intent of the RTI Act. The exemption was upheld in Madras High Court.

Some Famous Cases by CBI :

* Bofors scandal
* Hawala scandal
* Priyadarshini Mattoo murder case
* Sister Abhaya
* Sohrabuddin case
* Sant Singh Chatwal case
* Malankara Varghese murder case
* Bhopal gas tragedy
* 2G spectrum case
* Indian coal allocation scam
* 2008 Noida double murder case

Constitutional status :

Assam High Court had given a verdict on 6 November 2013, that CBI is unconstitutional and does not hold a legal status. However, the Supreme Court of India stayed this verdict when challenged by the central government and next hearing on this is fixed on 6 December 2013. Some legal experts believe that the ultimate solution for Indian government is to formulate a law for CBI as sooner or later the Supreme Court may hold the constitution of CBI unconstitutional.


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