News Highlights:
Recently, Parliamentary Committee on personnel, public grievances, law and justice has submitted its recommendations that the existing law governing the Central Bureau of Investigation (CBI) has many limitations, and there is a need to enact new legislation to define its status, functions and powers.
Key Recommendations:
- Enact a new law:
- The committee recommends a new law (also recommended by the 2nd ARC) to define the status, functions and powers of the CBI and lay down safeguards to ensure objectivity and impartiality in its functioning.
- According to the provisions of the Delhi Special Police Establishment(DSPE) Act, the consent of the state government is a prerequisite for any investigation by the CBI. As of date, nine states have withdrawn the general consent.
- The committee said that the DSPE Act has many limitations and, therefore, recommends that there is a need to enact a new law.
- Fill up Vacant posts:
- Vacant posts in the CBI are not being filled up at the required pace. For instance, 1,709 posts are vacant in the CBI against its sanctioned strength of 7,295.
- The committee recommended that every effort be made to fill vacancies as soon as possible.
- It also said that the director of CBI should monitor the progress made in filling vacancies every quarter and take necessary measures to ensure that the organisation is sufficiently staffed.
- Bring in Transparency:
- The committee said that the details of cases registered with the CBI, the progress made in their investigation and the final outcome are not available in the public domain.
- It also observed that the annual report CBI is not accessible to the general public.
- Therefore, it recommended the CBI publish case statistics and annual reports on its website.
What is CBI?
- About:
- CBI stands for the Central Bureau of Investigation. It is an eminent investigative agency in India and is responsible for investigating various crimes, such as corruption, economic offences, major frauds, and high-profile cases.
- The agency was established in 1963 and employed under the Ministry of Personnel, Public Grievances, and Pensions administration.
- The CBI derives the authority to investigate from the Delhi Special Police Establishment (DSPE) Act, 1946, and is headquartered in New Delhi, India.
- The Central Bureau of Investigation is involved in major criminal probes and is the Interpol agency in India.
- Furthermore, CBI investigates cases referred to by state governments, courts, and the central government. It also has the power to take up cases independently in certain circumstances.
- Functions of CBI:
- The primary function of the CBI is to investigate serious and complex crimes such as corruption, economic offences, major frauds, and high-profile cases.
- The CBI collaborates with law enforcement agencies in other countries to investigate crimes that have global implications.
- The CBI is responsible for presenting its findings in court and ensuring that the guilty are brought to justice and put behind bars.
- The CBI also plays a role in crime prevention by providing training and technical assistance to other law enforcement agencies.
- Lastly, the Central Bureau of Investigation provides security cover to specific high-profile individuals, such as the Prime Minister and the President of India.
- Cases Handled By CBI:
- Anti-Corruption Crimes: CBI can investigate the cases under the Presentation of Corruption Act against Public officials and central government employees, corporations owned or controlled by the Indian government and public sector undertakings.
- Special Crimes: CBI also investigates serious crimes under the Indian Penal Code and other laws at the requests of State governments or orders of high courts or supreme courts.
- Economic Crimes: Central Bureau of Investigation investigates major economic frauds and financial scamps, including fake Indian currency, cyber crime, bank frauds, imports, and export. Smuggling of narcotics, smuggling of other contraband goods.
- Suo Moto Cases: Central government can assign CBI to investigate a crime in a state but only with the permission of that state government. However, the supreme court has the power to order the CBI to investigate a crime anywhere without the state’s consent.
Challenges Associated With CBI:
- Police Agency:
- Since the police is a State subject under the Constitution, and the CBI follows the procedures outlined in the Code of Criminal Procedure (CrPC), it is classified as a police agency.
- Manipulation by Government:
- The CBI is also vulnerable to the government’s ability to manipulate senior officers because they rely on the Central government for future postings.
- Consent of State:
- The CBI needs the permission of the State administration in issue before it can pursue the investigation into any of the committed crimes in the State.
- As a result, certain situations may go uninvestigated, resulting in a quiet standoff.
- CBI and RTI:
- CBI is listed under the Second Schedule of the Right to Information Act. Section 24 specifies that the statute “does not apply to certain organisations.”
- However, the CBI made the point that they are investigating all types of cases, including ones of strategic importance to India. If they were submitted to RTI, much of that material would be released into the public realm.
- Corruption and Politically Biased:
- The Central Bureau of Investigation (CBI) politicisation has been ongoing for several years.
- This was emphasised in Supreme Court criticism for being a caged parrot speaking in the voice of its master.
- CBI Autonomy:
- The Supreme Court questioned the issue of the bureau’s independence in the infamous Coalgate corruption case, saying that “the CBI has become the state’s parrot.”
- Only screams, echoing the master’s voice” The Supreme Court then directed the Centre to make the CBI impartial and guarantee that it operates free of extraneous pressures.
Pic Courtesy: Freepik
Content Source: The Hindu