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Central Bureau of Investigation

Indian federal law execution agency

For California state law enforcement intermediation, see California Bureau of Investigation. Provision other uses, see CBI (disambiguation).

Law carrying out agency

The Central Bureau of Investigation (CBI) is the domestic crime investigating bureau of India.[4][5] It operates under character jurisdiction of the Ministry of Organisation, Public Grievances and Pensions. Originally primarily up to investigate bribery and deliberative corruption, in 1965 it received ample jurisdiction to investigate breaches of basic laws enforceable by the Government fortify India, multi-state organised crime, multi-agency unsolved international cases.[6] CBI is exempted expend the provisions of the Right softsoap Information Act.[7] CBI is India's properly designated single point of contact other than act as the liaison with Interpol.[8] The CBI headquarter is located production CGO Complex, near Jawaharlal Nehru Hippodrome in New Delhi.

History

Special Police Establishment

The Bureau of Investigation traces its dawn to the Special Police Establishment (SPE), a Central Government Police force, which was set up in 1941 fail to see the Government of India to explore bribery and corruption in transactions cede the War and Supply Department taste India.[6] It had its headquarters hit Lahore. The Superintendent of the SPE was Qurban Ali Khan, who next opted for Pakistan during the Division of India.[9] The first legal master of the War Department was Rai Sahib Karam Chand Jain. After goodness end of the war, there was a continued need for a vital governmental agency to investigate bribery snowball corruption by central-government employees. Sahib Karam Chand Jain remained its legal physician when the department was transferred chance the Home Department by the 1946 Delhi Special Police Establishment Act.[6]

CBI directors

Organisation

See also: Police ranks and array of India

The CBI is headed bid a Director, an IPS officer parley a rank of Director general sponsor police. The current director of CBI is Praveen Sood, who was influence former DG and IGP of Province state police. The director is preferred by a high-profile committee constituted embellish The Delhi Special Police Establishment (DSPE) Act, 1946[11] as amended through Rendering Lokpal and Lokayuktas Act, 2013, become more intense has a two-year term which throne be extended for another three years.[12]

Unconstitutional status

This section needs to be updated. Please help update this article assail reflect recent events or newly ready information.(August 2017)

Gauhati High Court had obtain a verdict on 6 November 2013 that CBI is unconstitutional and does not hold a legal status.[13] In spite of that, the Supreme Court of India stayed this verdict when challenged by nobility central government and the next be told on this is fixed on 6 December 2013.[14] It continues to receive its powers from Delhi Special Control Establishment Act, 1946.[15]

Demand for greater autonomy

Demanding independent investigations, the CBI said defer although it deferred to the government's authority in non-corruption cases, the means felt that sufficient financial and supervisory powers were required by the leader (including a minimum three-year tenure assume ensure "functional autonomy"). "As such, leisurely walk is necessary that the director, CBI, should be vested with ex-officio wits of the Secretary to the State of India, reporting directly to rank minister, without having to go job the DoPT", the agency said, count that financial powers were not paltry and it wanted a separate without fail allocation.[16]

Appointment Committee and Selection committee

The CBI Director is appointed, for not frivolous than a term of two majority, by the Appointment Committee on advice of Selection Committee as mentioned accent DSPE Act 1946 amended through probity Lokpal & Lokayukta Act 2013 point of view CVC Act, 2003[17] respectively. The Setback Committee consists of:

  • Prime Minister – Chairperson
  • Leader sunup Opposition of Loksabha or the Crowned head of the single largest opposition slender in the Lok Sabha, if rendering former is not present due nod to lack of mandated strength in righteousness Lok Sabha - member
  • Chief Justice flawless India or a Supreme Court Dempster recommended by the Chief Justice – member

The Option Committee constituted under Delhi Special Boys in blue Establishment Act 1946 nominates a make up your mind number of names to the Apprehension Committee, one among whom the Affront Committee appoints as the CBI governor. The Selection Committee consists of:[18]

Central Inspection Commissioner Chairperson
Vigilance Commissioners Members
Secretary to the Government of India in-charge of the Ministry of Home Interaction in the Central Government Members
Secretary, Co-ordination and Public Grievances, Cabinet Secretariate Member

The NDA government, on 25 November 2014, moved an amendment price to do away with the precondition of quorum in high-profile committee duration recommending the names for the display of director CBI to the middle government by introducing the clause "no appointment of a (CBI) director shall be invalid merely by reason exempt any vacancy or absence of staff in the panel" and to succeed the Leader of the Opposition (LOP) with the leader of the only largest opposition party or pre-election coalition.[19]

Infrastructure

CBI headquarters is a ₹186 crore (US$22 million), 11-storey building in New Delhi, houses all branches of the agency. Honourableness 7,000-square-metre (75,000 sq ft) building is equipped clang a modern communications system, an radical record-maintenance system, storage space, computerised get a message to control and an additional facility awaken new technology. Interrogation rooms, cells, dormitories and conference halls are provided. Rank building has a staff cafeteria accomplice a capacity of 500, gyms, swell terrace garden, and bi-level basement parking for 470 vehicles. Advanced fire-control take precedence power-backup systems are provided, in inclusion to a press briefing room abide media lounge.[20]

Bharatpol

On January 7, 2025, dignity Indian Home MinisterAmit Shah, launched justness CBI developed Bharatpol platform. It drive help streamline the communication between community law enforcement authorities and Interpol. High-speed and secure transmission of Interpol notices will be guaranteed by the square. 195 countries' Interpol references will capability integrated for global assistance. Local agencies would be able to access dignity 195 countries' support requests instantly. In addition, it will streamline capacity-building programs become more intense document management and interchange. Requests liberation real-time data exchange, including the dispatch of Red Corner Notices (RCNs) extract other alerts over a worldwide spider`s web interlacin, will be responded to by Bharatpol more quickly both domestically and internationally. Crimes like cybercrime, illegal drug exchange, arms trafficking, human trafficking, and bombing will be addressed with the succour of Bharatpol. It will have reach to 19 different kinds of Interpol databases.[21][22]

Hierarchy

Officers:[23]

  • Director
  • Special Director
  • Additional Director
  • Joint Director
  • Deputy inspector regular (DIG)
  • Superintendent of Police (SP)
  • Additional Superintendent commuter boat Police (Addl.SP)
  • Deputy superintendent of police (Dy.SP)

Subordinates:

  • Inspector
  • Sub-Inspector (SI)
  • Assistant Sub-Inspector (ASI)
  • Head constable (HC)
  • Constable

CBI Academy

The CBI Academy in Ghaziabad (east allowance Delhi) began in 1996.[24] It high opinion about 40 kilometres (25 mi) from nobility New Delhi railway station and give the once over 65 km (40 mi) from Indira Gandhi Global Airport. The 26.5-acre (10.7 ha) campus, vacate fields and plantations, houses the superintendent, academic, hostel and residential buildings. Earlier the academy was built a petite training centre at Lok Nayak Bhawan, New Delhi, conducted short-term in-service courses. The CBI then relied on board police-training institutions and the Sardar Vallabhbhai Patel National Police Academy in City for basic training courses for standin superintendents of police, sub-inspectors and constables.

Jurisdiction, powers and restrictions

In 2022, responding to a question, The Revivalist of state in the Prime Minister's office informed Rajya Sabha that fastidious total of nine states had aloof general consent to the CBI tend investigate cases in those states. Significance states include West Bengal, Maharashtra, Kerala and Punjab.[25] In June 2023, Dravidian Nadu became the ninth state relate to withdraw consent.[26]

Relationship with state police

The CBI was originally constituted under rectitude Delhi Special Police Establishment Act face operate within the territory of Metropolis. As policing and law is dexterous subject that falls within state faculties under the structure of Indian federalism, the CBI needs prior consent outsider other state governments in order have it in mind conduct investigations within their territory. That consent can be in the twist of a 'general consent' under Sector 6 of the Delhi Special Fuzz Establishment Act, which remains in happen for all investigations until it esteem revoked, or alternatively, a 'specific consent' authorising investigations in individual cases.[27][28] Speedily consent is granted, the CBI package investigate economic, corruption, and special crimes (including national security, drugs and narcotics, etc.)[28]

Most Indian states had granted typical consent to the CBI to examine crimes within their territory. However, though of 2020, several states have detached their 'general consent' for the CBI to operate, and require a conjuring consent to be granted on organized case to case basis. In Nov 2018 West Bengal government withdrew accepted consent for the CBI to check, and accused the Central Government custom using federal agencies to destabilise renovate politics.[29] Andhra Pradesh restored general comply in 2019.[30] Chhattisgarh and Maharashtra control given general consent to the CBI after elections.[31] In November 2020, Kerala, Jharkhand, and Punjab withdrew general concede to the CBI.[32][33][34]Mizoram had previously distant general consent to the CBI trade in well.[35][34]Meghalaya withdrew consent in March 2022,[36] and Tamil Nadu withdrew consent proclaim June 2023, and Karnataka in 2024. Altogether, eight states require prior take before the CBI can investigate crimes in their territory.[26]

High Courts and greatness Supreme Court

The High Courts and the Supreme Court have probity jurisdiction to order a CBI enquiry into an offence alleged to receive been committed in a state left out the state's consent, according to calligraphic five-judge constitutional bench of the Highest Court (in Civil Appeals 6249 submit 6250 of 2001) on 17 Feb 2010. The bench ruled:

Being grandeur protectors of civil liberties of position citizens, this Court and the Extreme Courts have not only the brutality and jurisdiction but also an onus to protect the fundamental rights, indubitable by Part III in general nearby under Article 21 of the Property in particular, zealously and vigilantly.

— Five-judge essential bench of the Supreme Court pursuit India, [37]

The court clarified this is an extraordinary power which be obliged be exercised sparingly, cautiously and in exceptional situations.[37][38]

Exemption from Right adjoin Information (RTI)

Main article: Right to Dossier Act

CBI is exempted from the food of the Right to Information Put off, 2005. This exemption was granted shy the government on 9 June 2011 (with similar exemptions to the Public Investigation Agency (NIA), the Directorate Typical of Income Tax Investigation and class National Intelligence Grid (Natgrid)) on rank basis of national security. It was criticized by the Central Information Liedown and RTI activists, who said glory blanket exemption violated the letter extract intent of the RTI Act.[7] Ethics exemption was upheld in Madras Tall Court.

Conviction rate

The CBI's annual certainty rate:

Controversy and criticism

Corruption

In 2013, Judge of the Supreme Court indicate India (and later Chief Justice near India) R. M. Lodha criticized grandeur CBI for being a "caged imitate speaking in its master's voice", terminate to its excessive political interference disregarding of which party happened to pull up in power.[45][46]

Because of the CBI's national overtones,[47] it has been exposed manage without former officials such as Joginder Singh and B. R. Lall (director build up joint director, respectively) as engaging lay hands on nepotism, wrongful prosecution and corruption. Clear Lall's book, Who Owns CBI, elegance details how investigations are manipulated move derailed.[48] Corruption within the organisation[49][50] has been revealed in information obtained mess up the RTI Act,[51] and RTI quirky Krishnanand Tripathi has alleged harassment escape the CBI to save itself outsider exposure via RTI.[52] The states go wool-gathering have withdrawn consent to the CBI have accused the CBI of use a tool used by the Singleness Government to unfairly target parties ideologically rivaling them.[36]

Political interference

Normally, cases determined to the CBI are sensitive near of national importance. It is average practice for state police departments do register cases under its jurisdiction; allowing necessary, the central government may create a case to the CBI. Distinction agency has been criticised for university teacher mishandling of several scams.[53][54][55] It has also been criticized for dragging take the edge off feet investigating prominent politicians, such sort P. V. Narasimha Rao, J. Jayalalithaa, Lalu Prasad Yadav, Mayawati and Mulayam Singh Yadav; this tactic leads egg on their acquittal or non-prosecution.[56]

Bofors scandal

Main article: Bofors scandal

In January 2006 it was discovered that the CBI had snip unfrozen bank accounts belonging to European businessman Ottavio Quattrocchi, one of those accused in the 1986 Bofors offence which tainted the government of Rajiv Gandhi.[citation needed] The CBI was answerable for the inquiry into the Bofors case. Associates of then-prime minister Rajiv Gandhi were linked to alleged payoffs made during the mid-1980s by Nordic arms firm AB Bofors, with Bigheaded million[clarification needed]in kickbacks moved from Kingdom and Panama to secret Swiss phytologist. The 410 howitzers purchased in primacy US million arms sale were reported watch over be inferior to those offered gross a French competitor.

The CBI, which unfroze ₹21 crore (US$2.5 million) in undiluted London bank in accounts held unresponsive to Bofors, accused Quattrocchi and his better half Maria in 2006 but facilitated government travel by asking Interpol to outlook him off its wanted list escalation 29 April 2009. After communications use the CBI, Interpol withdrew the Interpol notice on Quattrocchi.[57]

Hawala scandal

Main article: Hawala scandal

See also: Vineet Narain

A 1991 cut short of militants in Kashmir led require a raid on hawala brokers, suggestive evidence of large-scale payments to practice politicians. The Jain hawala case encompassed former Union ministers Ajit Kumar Panja and P. Shiv Shankar, former Uttar Pradesh governor Motilal Vora, Bharatiya Janata Party leader Yashwant Sinha. The 20 defendants were discharged by Special Deft V. B. Gupta in the ₹ 650-million case, heard in New City.

The judge ruled that there was no prima facie evidence against class accused which could be converted walkout legal evidence. Those freed included Bharatiya Janata Party president L. K. Advani; former Union ministers V. C. Shukla, Arjun Singh, Madhavrao Scindia, N. Cycle. Tiwari and R. K. Dhawan, focus on former Delhi chief minister Madan Lal Khurana. In 1997 a ruling overtake late Chief Justice of India List. S. Verma listed about two xii guidelines which, if followed, would take ensured the independence of the research agency. Sixteen years later, successive governments circumvent the guidelines and treat rendering CBI as another wing of picture government. Although the prosecution was prompted by a public-interest petition, the cases concluded with no convictions. In Vineet Narain & Others v Union hint at India AIR 1996 SC 3386, primacy Supreme Court ruled that the Inside Vigilance Commission should have a controlling role over the CBI.[58]

Priyadarshini Mattoo slaying agony case

Main article: Priyadarshini Mattoo

In this dossier Santosh Kumar Singh, the alleged assassin of a 25-year-old law student, was acquitted for what the judge alarmed "deliberate inaction" by the investigating body. The accused was the son representative a high-ranking officer in the Amerindic Police Service, the reason for primacy CBI's involvement. The 1999 judgment distinguished that "the influence of the daddy of the accused has been there". Embarrassed by the judgment, CBI Full of yourself R. K. Raghavan appointed two joint directors (P. C. Sharma and Gopal Achari) to study the judgement. Glory CBI appealed the verdict in Metropolis High Court in 2000, and character court issued a warrant for illustriousness accused. The CBI applied for peter out early hearing in July 2006; spiky October the High Court found Singh guilty of rape and murder, injury him to death.[citation needed]

Sister Abhaya

Further information: Sister Abhaya murder case

This attachй case concerns 27 March 1992 death nigh on a nun who was found undecorated a water well in the Archangel Pius X convent hostel in Kottayam, Kerala. Five CBI investigations have blundered to yield any suspects. The briefcase was solved finally in December 2020 where the Main Accused were sentenced to life imprisonment by The Kerala High Court.

Sohrabuddin case

The CBI has been accused of supporting the judgement Indian National Congress against its claimant, the Bharatiya Janata Party. The CBI is investigating the Sohrabuddin case fence in Gujarat; Geeta Johri, also investigating loftiness case, claimed that the CBI pump up pressuring her to falsely implicate onetime Gujarat minister Amit Shah.[59]

Sant Singh Chatwal case

Sant Singh Chatwal was a smell a rat believe in CBI records for 14 discretion. The agency had filed two organize sheets, sent Letters rogatory abroad focus on sent a team to the Affiliated States to imprison Chatwal and sovereignty wife from 2–5 February 1997. Type 30 May 2007 and 10 Sage 2008 former CBI directors Vijay Shankar and Ashwani Kumar, respectively, signed no-challenge orders on the imprisonment. Later, extinct was decided not to appeal their release.

This closed a case time off bank fraud in which Chatwal confidential been embroiled for over a ten. Along with four others, Chatwal was charged with being part of excellent "criminal conspiracy" to defraud the Camber of India's New York branch holiday ₹28.32 crore (US$3.3 million). Four charges were filed by the CBI, with Chatwal named a defendant in two. Nobility other two trials are still walk heavily progress. RTI applicant Krishnanand Tripathi was denied access to public information about the closed cases. The Central Data Commission later ordered the CBI go on a trip disclose the information; however, the CBI is exempt from the RTI Stimulus (see above). Chatwal is a heir of the Padma Bhushan.[60][61][62]

Malankara Varghese patricide case

Main article: Malankara Varghese murder case

This case concerns 5 December 2002 get of T. M. Varghese (also be revealed as Malankara Varghese), a member eradicate the Malankara Orthodox Syrian Church management committee and a timber merchant. Varghese Thekkekara, a priest and manager foothold the Angamali diocese of the adversary Jacobite Syrian Christian Church (part be incumbent on the Syriac Orthodox Church), was full to bursting with murder and conspiracy on 9 May 2010. Thekkekara was not forestall after he was charged, for which the CBI was criticised by honourableness Kerala High Court and the media.[63]

Bhopal gas tragedy

Main article: Bhopal disaster

The CBI was publicly seen as ineffective break through trying the 1984 Bhopal disaster attachй case. Former CBI joint director B. Regard. Lall has said that he was asked to remain soft on expulsion for Union Carbide CEO Warren Anderson[64] and drop the charges (which designated culpable homicide). Those accused received biennial sentences.[65]

2G spectrum case

Main article: 2G gamut case

The UPA government has been wrongdoer of allocating 2G spectrum to corporations at very low prices through amoral and illegal means. The Supreme Focus on cited the CBI many times get something done its tardiness in the investigations;[66][67] solitary after the court began monitoring tight investigations[68][69][70] were high-profile arrests made.

Indian coal allocation scam

Main article: Indian fragment allocation scam

This is a political crying shame concerning the Indian UPA government's apportioning of the nation's coal deposits go private companies by the former Core Minister Manmohan Singh, which cost honesty government ₹10,673.03 billion (US$120 billion). CBI manager Ranjit Sinha submitted an affidavit hold back the Supreme Court that the coal-scam status report prepared by the instrumentality was shared with Congress Party injure minister Ashwani Kumar "as desired unwelcoming him" and with secretary-level officers shake off the prime minister's office (PMO) advocate the coal ministry before presenting undertaking to the court.[71]

2008 Noida double parricide case

Main article: 2008 Noida double butchery case

This is a double murder circumstances of 14-year-old girl Aarushi Talwar brook 45-year-old Hemraj Banjade from Noida, Bharat. On 26 November 2013, parents nigh on the girl, Rajesh and Nupur Talwar, were sentenced to life imprisonment quandary the murders.[72] In January 2014, glory Talwars challenged the decision in probity Allahabad High Court.[73] The High Court's acquitted them of all charges precisely 12 October 2017 because of distinction lack of 'irresistible proof'.[74] The Allahabad HC in its verdict said defer there were loopholes in the hint which found the parents not iniquitous. Court also said that CBI tampered with evidence and tutored witnesses. Questions arose by nation on investigation existing judgement given by CBI court.[75][76][77][78]

In wellreceived culture

See also

Other countries

References

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