Central Bureau of Investigation (CBI)

Why in NEWS ?

• Jharkhand has become the seventh non-Bharatiya Janata Party (BJP)-ruled state to withdraw the general consent that allows the Central Bureau of Investigation (CBI) to conduct probes in states.

About

• Congress-ruled Jharkhand became the latest state to revoke the general consent extended to the Central Bureau of Investigation to conduct investigations in the state, joining the ranks of other opposition-ruled states which have effectively shut their gates to the agency.
• The move, which makes it necessary for the central agency to get the state government's permission to conduct investigations in the state, comes a day after Kerala also withdrew the privilege.
• Earlier, several other opposition-ruled states, including Bengal, Chhattisgarh and more recently, Maharashtra and Rajasthan, had withdrawn general consent, alleging that the BJP-led government at the centre was misusing the agency to harass political opponents.
• Tripura and Mizoram also have revoked the general consent in the past.
• Bengal withdrew general consent in 2018, following the steps of the erstwhile Chandrababu Naidu government in Andhra Pradesh.
• Mr Naidu had withdrawn the general consent in November 2018, months after pulling out of the NDA, accusing the centre of undermining the credibility of the agency for its own gains.
• Andhra Pradesh, however, overturned the move after the Jaganmohan Reddy government came to power.
• Opposition state governments in recent months have found themselves at odds with the central government and the CBI which have delved into cases, especially ones that have seen political scrutiny, being probed by local law enforcement.

Why it happened and what it means?

• The CBI’s ongoing probes will not be affected but the federal agency cannot investigate new cases in these seven states.
• The agency has been unable to register any cases at its Mumbai branch since the Shiv Sena-led Maharashtra government withdrew the general consent on October 21. Usually, three-to-four cases pertaining to corruption or bank frauds were registered at the agency’s Mumbai unit every month. After New Delhi, Mumbai accounts for a majority of the CBI’s cases registered annually.
• Maharashtra government’s decision came as the CBI took over the probe into alleged Television Rating Point (TRP) manipulations based on a case registered in Lucknow when the Mumbai police were investigating the matter. The state government feels the Centre was using the agency to circumvent investigations by the local police especially in the cases related to the death actor of Sushant Singh Rajput and the TRP scam.
• Other non-BJP-ruled states that have withdrawn the consent have accused the Centre of using the agency for political vendetta. They are West Bengal, Rajasthan, Chhattisgarh, Andhra Pradesh, and Kerala.
• The CBI expects high courts and the Supreme Court to step in as evidence is likely to be tempered with in corruption cases in the absence of registration of cases and subsequent raids.
• The withdrawal of the consent is not unprecedented but never have so many states withdrawn the consent to the federal investigating agency.
• As per the Delhi Special Police Establishment Act that governs the CBI, the agency requires prior consent to exercise its authority in states.

Central Bureau of Investigation (CBI)

• CBI is the premier investigative agency, headquartered in New Delhi.
• The motto of CBI is "Industry, Impartiality and Integrity"
• It operates under jurisdiction of Union Ministry of Personnel, Public Grievances and Pensions and functions under the Delhi Special Police Establishment Act (DSPEA), 1946.
• Santhanam Committee on Prevention of Corruption recommended the establishment of the CBI. The CBI was then formed by a resolution of the Home Affairs Ministry. The Ministry of Personnel, later on, took over the responsibility of the CBI and now it plays the role of an attached office.
• It is not a statutory body.
• Under Section 6 of DSPEA Act 1946, a state government routinely grants consent to CBI for exercising its authority in the respective state.

Function

• Its important role is to prevent corruption and maintain integrity in administration. It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
• Investigate cases connected to infringement of economic and fiscal laws, i.e., breach of laws concerning customs and central excise, export and import control, income tax, foreign exchange regulations, etc. But cases of this nature are taken up by the CBI either at the request of the department concerned or in consultation with the concerned department.
• Investigate crimes of a serious nature, that have national and international ramifications, and committed by professional criminals or organised gangs.
• To coordinate the activities of the various state police forces and anti-corruption agencies.
• At the behest of a state govt., the CBI can also take up any case of public importance and investigate it.
• Maintaining crime statistics and disseminating criminal information.
• The CBI is India’s representative for correspondence with the INTERPOL.

Structure

• The CBI is headed by a director, an IPS officer with a rank of Director General of Police or Commissioner of Police (State). The director is appointed for a term of two years.
• The amended Delhi Special Police Establishment Act empowers a committee to appoint the director of CBI. The committee comprises of the following people:

1. Prime Minister (chairperson)
2. Leader of Opposition
3. Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice.

Delhi Special Police Establishment Act

• The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
• The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Department Of India during World War II.
• Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt.
• The Delhi Special Police Establishment Act was therefore brought into force in 1946. The CBI's power to investigate cases is derived from this Act.

Consent Issue

• Since police is a State subject under the Constitution, and the CBI acts as per the procedure prescribed by the Code of Criminal Procedure (CrPC), which makes it a police agency, the CBI needs the consent of the State government in question before it can make its presence in that State. This can lead to certain cases not being investigated and seeing a silent deadlock. Recently, states like Jharkhand and Kerala withdrew consent.
• There are two kinds of consent:

1. case-specific and general– Given that the CBI has jurisdiction only over central government departments and employees, it can investigate a case involving state government employees or a violent crime in a given state only after that particular state government gives its consent.
2. “General consent” is in general, provided to aid the CBI easily perform its investigation into cases of corruption against central government employees in the concerned state. Almost all states have given such consent. Or else, the bureau would need consent in all cases.

• As per Section 6 of the Delhi Special Police Establishment Act,1946, the state governments can withdraw the general consent accorded.
• The CBI would still have the authority to probe old cases registered when general consent existed. Also, cases registered elsewhere in India, but involving people stationed in states which have withdrawn consent, would allow CBI’s jurisdiction to extend to these states as well.
• Withdrawal of consent will only bar the CBI from registering a case within the jurisdiction of states which have withdrawn consent. But, the CBI could still file cases in Delhi and continue to investigate people inside such states.