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CBI Chapt 4 part1 pg 62-89 - Central Bureau of Investigation

CBI Chapt 4 part1 pg 62-89 - Central Bureau of Investigation

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4 The <strong>CBI</strong><br />

Structure & Functioning<br />

Though the DSPE had achieved considerable success, especially<br />

during the 1950s, in putting anti-corruption measures on a firm<br />

footing, yet the “devil's curse” did not seem to get extenuated to<br />

any appreciable extent.<br />

Surprisingly, even the winds <strong>of</strong> development that blew extensively<br />

across the country, then, and which raised expectations in many<br />

minds that these would greatly diminish if not completely destroy<br />

corruption, deteriorated the situation still further. The unscrupulous<br />

people seized new opportunities and conditions for their personal<br />

gains.<br />

The <strong>CBI</strong> Headquarters at<br />

R.K. Puram, New Delhi.<br />

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Taking a serious note <strong>of</strong> the gravity <strong>of</strong> the<br />

situation, the Government <strong>of</strong> India appointed an<br />

eight-member Committee, headed by a veteran<br />

Gandhian, K. Santhanam, MP, in June 19<strong>62</strong>, 'to<br />

consider special measures' to root out the menace <strong>of</strong><br />

corruption from our public life. After going through<br />

almost every aspect <strong>of</strong> the problem at length, the<br />

Committee gave a comprehensive report, showing<br />

the actual reach <strong>of</strong> the menace in the country and the<br />

inadequacies and incompetence <strong>of</strong> the organizations<br />

combatting it. It made several wise suggestions as to<br />

how to solve the problem by complete overhauling<br />

<strong>of</strong> the entire system <strong>of</strong> investigation <strong>of</strong> corruption.<br />

About this time, a serious discussion and<br />

debate on the issue <strong>of</strong> corruption was also started in<br />

the Parliament and outside it, which led the<br />

Government to believe that some organization with<br />

greater scope and powers than what the DSPE<br />

p o s s e s s e d wa s t h e n e e d o f t h e h o u r.<br />

The Santhanam Committee helped in getting the<br />

belief transformed into a reality.<br />

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The Purpose <strong>of</strong> <strong>CBI</strong><br />

Shri Lal Bahadur Shastri, the then Home Minister <strong>of</strong> India while announcing the<br />

formation <strong>of</strong> the <strong>CBI</strong> in the Parliament (Lok Sabha), gave details regarding its<br />

purpose as under :<br />

‘The <strong>Central</strong> <strong>Bureau</strong> <strong>of</strong> <strong>Investigation</strong> will investigate cases <strong>of</strong> corruption in which<br />

<strong>Central</strong> Government servants are involved, cases in which interests <strong>of</strong> Public Sector<br />

Undertakings or any Statutory Body financed by the Government <strong>of</strong> India are<br />

involved, cases <strong>of</strong> fraud, cheating, embezzlement, etc., relating to Public Joint Stock<br />

Companies and also, at the request <strong>of</strong> or with the concurrence <strong>of</strong> the States<br />

concerned, cases where organized gangs or pr<strong>of</strong>essional criminal, having<br />

ramification in several States are involved. The <strong>Bureau</strong> will describe statistics <strong>of</strong><br />

all-India importance relating to crime, conduct Police research, including analysis <strong>of</strong><br />

trends and causes <strong>of</strong> crimes and make special studies <strong>of</strong> certain specialized types <strong>of</strong><br />

crime, having all-India or interstate ramification or <strong>of</strong> crime having particular<br />

importance from the social point <strong>of</strong> view.’<br />

Lok Sabha Debates,<br />

Vol. XXI, 23rd Jan. 1963<br />

Lok Sahba Debates, vol. XII, 23 Jan. 1963<br />

Lal Bahadur Shastri<br />

Home Minister, India<br />

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BIRTH OF <strong>CBI</strong><br />

Accordingly, the Government set up, vide Resolution<br />

st<br />

No. 4/31/61-T, dated 1 April, 1963, the <strong>Central</strong><br />

<strong>Bureau</strong> <strong>of</strong> <strong>Investigation</strong> to investigate not only cases<br />

<strong>of</strong> bribery and corruption, but also violation <strong>of</strong><br />

central fiscal laws, and serious crimes committed by<br />

organized gangs and thugs, besides collecting<br />

supporting intelligence, statistics <strong>of</strong> crime, and<br />

conducting Police research and making special<br />

studies, and so forth.<br />

The organization drew its power <strong>of</strong><br />

investigation from the Delhi Special Police<br />

Establishment Act, 1946. Its sphere <strong>of</strong> activity<br />

(jurisdiction) was, also the same as defined by the<br />

DSPE Act, 1946, that is, Delhi territory (now State).<br />

It could, <strong>of</strong> course, go to other States also, but not<br />

without their consent. The number <strong>of</strong> <strong>of</strong>fences, which<br />

the <strong>CBI</strong> was authorized to investigate was a shade<br />

wider than before : it could now deal with most<br />

<strong>of</strong> the major <strong>of</strong>fences covered by Acts relating to<br />

corruption – 69 <strong>Central</strong> Acts and 14 State Acts, and<br />

231 IPC <strong>of</strong>fences.<br />

There was a change in the designation and<br />

rank <strong>of</strong> the Head <strong>of</strong> the <strong>CBI</strong>. He was called a Director<br />

now, and held the rank <strong>of</strong> Special Inspector-General<br />

(SIG) <strong>of</strong> Police. He was provided 'security <strong>of</strong> tenure’.<br />

Shri D.P. Kohli, the head <strong>of</strong> DSPE had the honour <strong>of</strong><br />

being the first Director <strong>of</strong> <strong>CBI</strong>.<br />

For smooth and effective functioning, the<br />

organization was divided into six Divisions:<br />

(i) <strong>Investigation</strong> and Anti-Corruption Division;<br />

North Block, New Delhi corridor<br />

leading to Director, <strong>CBI</strong> <strong>of</strong>fice.<br />

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Courtesy : Shankar’s Annual (May 1966)<br />

(ii) Technical Division; (iii) Crime Records and Statistics Division; (iv) Research Division; (v) Legal and General<br />

Division; and (vi) Administration Division.<br />

In the initial years, the <strong>CBI</strong> functioned from East Block, R.K. Puram and subsequently moved to Indian<br />

Express building at Bahadur Shah Zafar Marg, Shastri Bhawan, Faridkot House and then to Sardar Patel Bhawan in<br />

1968. Presently, the <strong>CBI</strong> Headquarters is located in CGO Complex, Lodhi Road, New Delhi since 1985.<br />

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Courtesy : R.K. Laxman<br />

Special <strong>Investigation</strong> Cell, <strong>CBI</strong> at<br />

Dalhousie Road, New Delhi<br />

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North Block, New Delhi


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The Director <strong>CBI</strong> Chamber at North Block, New Delhi


The <strong>of</strong>fice <strong>of</strong> <strong>CBI</strong> at<br />

Sardar Patel Bhawan,<br />

New Delhi<br />

The <strong>CBI</strong> Headquarters,<br />

CGO Complex, New Delhi


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Front view <strong>of</strong> <strong>CBI</strong> Headquarters, CGO Complex, New Delhi


GROWTH WITH A DIFFERENCE<br />

In 1968, there was a change <strong>of</strong> guards. On superannuation,<br />

Director D.P. Kohli handed over the charge and command <strong>of</strong><br />

st<br />

his corps to F.V. Arul (31 May, 1968).<br />

During his five year tenure, Shri D.P. Kohli had put<br />

the organization, as indicated above, on a sound footing.<br />

Fortunately, the shape and speed <strong>of</strong> growth <strong>of</strong> the<br />

organization did not diminish in any way during the time <strong>of</strong><br />

D.P. Kohli's successors. They too spared no pains to take the<br />

organization ahead.<br />

The Government had, however, a feeling, and rightly<br />

so, that the <strong>CBI</strong> was in a way overburdened with work.<br />

Hence, they transferred some <strong>of</strong> its work to other<br />

organizations.<br />

The part-work relating to crime records and statistics<br />

was transferred to the National Crime Records <strong>Bureau</strong><br />

(NCRB) and a part concerning research work to the <strong>Bureau</strong><br />

<strong>of</strong> Police Research & Development (BPR&D).<br />

The transfer <strong>of</strong> workload gave a certain feeling <strong>of</strong><br />

relief to the overloaded organization. But it was not destined<br />

to enjoy the relief for long. After a while, some very difficult,<br />

if not very heavy, work came its way from unexpected and<br />

unusual quarters. It somehow happened that the higher<br />

<strong>CBI</strong> Office at Jaipur<br />

70 Mall Road, Ambala Cantonment, Ambala, where one <strong>of</strong> the earliest <strong>CBI</strong> <strong>of</strong>fice was located.<br />

Judiciary, that is, the Supreme Court and High<br />

Courts, impressed by the organization's efficiency<br />

and pr<strong>of</strong>essionalism, started giving complicated<br />

cases 'requiring serious investigations, in some<br />

cases on the prayers <strong>of</strong> the aggrieved parties, and in<br />

some others on their own initiatives'.<br />

As a result, the <strong>CBI</strong>'s basket began to<br />

overflow with crime cases. In view <strong>of</strong> this,<br />

the Government divided the <strong>Investigation</strong><br />

Division into two Divisions, namely, the<br />

Anti-Corruption Division and the Special Crimes<br />

Division. The former dealt with the corruption<br />

cases and the latter with cases <strong>of</strong> conventional and<br />

economic <strong>of</strong>fences.<br />

In 1990s, some special investigating cells<br />

were created to investigate important but highly<br />

complicated cases, for instance, the Special<br />

<strong>Investigation</strong> Team (SIT) to investigate the<br />

Rajiv Gandhi Assassination Case (1991), the Special<br />

<strong>Investigation</strong> Cell-IV (SIC-IV) to investigate the<br />

Babri Masjid Demolition Cases, and the Bank<br />

Securities & Frauds Cell (BS&FC) to investigate the<br />

cases related to bank frauds and securities scams<br />

(1992). In the following year (1993), a Special Task<br />

Force was created to take up investigation relating<br />

to bomb blasts in Bombay.<br />

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77<br />

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<strong>CBI</strong> Office at Srinagar


<strong>CBI</strong> Office at Bhubaneswar<br />

<strong>CBI</strong> Office at Shillong


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<strong>CBI</strong> Office at Shimla


<strong>CBI</strong> Office at Lucknow<br />

MAJOR ORGANIZATIONAL RESHUFFLE<br />

In a major organizational reshuffle in 1994, three<br />

Division (SCD) deals with cases <strong>of</strong> terrorism, bomb<br />

blast, homicide, kidnaping, murder and crimes done<br />

<strong>Investigation</strong> divisions were created : (1) Anti- by the underworld dons.<br />

Corruption Division; (2) Economic Offences Division;<br />

and (3) Special Crimes Division. As their name speak,<br />

DIRECTORATE OF PROSECUTION<br />

On the Supreme Court's direction in the Vineet<br />

the Anti-Corruption Division (ACD) dealt with the<br />

th<br />

Narayan Case (judgement 18 December, 1997),<br />

cases <strong>of</strong> corruption and frauds committed by public a separate Directorate <strong>of</strong> Prosecution was set up in<br />

servants <strong>of</strong> (all) the <strong>Central</strong> Government September 2001. It is responsible for conducting<br />

Departments, Public Sector Undertakings and prosecution <strong>of</strong> <strong>CBI</strong> cases in courts and giving legal<br />

Financial Institutions.<br />

advice to <strong>CBI</strong> <strong>of</strong>ficers. It also helps in the preparation<br />

The Economic Offences Division (EOD) <strong>of</strong> panel <strong>of</strong> counsels to conduct prosecution. It is<br />

investigates economic crimes like, bank frauds, headed by Director <strong>of</strong> Prosecution, who in turn, is<br />

cheating, financial frauds, import, export and foreign assisted by Additional legal advisors and the deputy<br />

exchange violations, smuggling <strong>of</strong> narcotics, antiques legal advisors, besides the prosecutors in the<br />

and other contraband items. The Special Crimes branches, both for conducting trial <strong>of</strong> the cases in the<br />

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<strong>CBI</strong> Office at Chennai<br />

courts and for dealing with all legal matters <strong>of</strong> the<br />

(6) Policy and Coordination Division; and<br />

organization. (7) <strong>Central</strong> Forensic Science Laboratory.<br />

After some time, a Policy and Coordination<br />

Division was also set up. It coordinates investigations<br />

for members <strong>of</strong> the Interpol. Recently, a Cyber Crime<br />

<strong>Investigation</strong> and Research Cell has also come up.<br />

After the above additions, the organizational map was<br />

redrawn by clubbing different outfits under seven<br />

Divisions. Now, the position is as follows :<br />

(1) Anti-Corruption Division;<br />

(2) Economic Offences Division;<br />

(3) Special Crimes Division;<br />

Each Division functions according to the <strong>CBI</strong><br />

Manual under the command <strong>of</strong> a Senior Officer,<br />

assisted by well-trained and well-equipped staff<br />

towards its goal - to make our society corruption and<br />

crime-free and our Nation healthy, wealthy and<br />

strong.<br />

<strong>CBI</strong> is spread over the length and breadth <strong>of</strong><br />

the country, from Jammu & Kashmir in the North to<br />

Tamil Nadu in the South, from Gujarat in the West to<br />

Guwahati and Shillong in the North-East. It is an<br />

(4) Directorate <strong>of</strong> Prosecution;<br />

organization <strong>of</strong> over 5,000 men, who have<br />

(5) Administration Division; contributed greatly in instilling fear in the<br />

81<br />

....In Service <strong>of</strong> the Nation....


Courtesy : R.K. Laxman<br />

th<br />

Courtesy : Shankar’s Weekly (17 November, 1963)<br />

minds <strong>of</strong> the corrupt, in exposing scams that<br />

rocked the nation in the last 3-4 decades and<br />

giving hope <strong>of</strong> justice and fairness to the<br />

common man on the street. Every time, there<br />

is a crime <strong>of</strong> any serious nature, there is a<br />

demand for <strong>CBI</strong> inquiry from every quarter,<br />

from the intelligentsia, from the Hon'ble<br />

Courts and the masses.<br />

With the increase <strong>of</strong> work, <strong>CBI</strong>'s strength also<br />

increased. Its headquarters and branch <strong>of</strong>fices,<br />

scattered throughout the country (in almost all the<br />

States), were properly staffed and cared for. As a result,<br />

the overall delivery and efficiency <strong>of</strong> the organization<br />

improved.<br />

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....In Service <strong>of</strong> the Nation....


The Director’s Chamber, <strong>CBI</strong> Headquarters, New Delhi<br />

This image <strong>of</strong> <strong>CBI</strong>, <strong>of</strong> being impartial and<br />

scientific has not been built overnight; the leaders and<br />

their teams have toiled hard over decades to achieve<br />

this. Every case is minutely monitored at all levels,<br />

and one can see a team <strong>of</strong> Investigators and Officers<br />

discussing the case either in the Main Conference Hall<br />

or discussing the issues with the Director, <strong>CBI</strong> in his<br />

Chamber.<br />

The Main Conference Hall, located next to the<br />

Director's Chamber, is the hub <strong>of</strong> all major discussions<br />

and review <strong>of</strong> the progress made in investigation and<br />

prosecution <strong>of</strong> various cases. It also 'hosts' the<br />

conference <strong>of</strong> <strong>of</strong>ficers from all over India every<br />

quarter. It is a place, which has witnessed the fact that<br />

law is the only friend and justice the only destination<br />

for <strong>CBI</strong> Officers.<br />

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84<br />

....In Service <strong>of</strong> the Nation....


85<br />

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A view <strong>of</strong> Senior Officers’ meeting at the<br />

<strong>CBI</strong> Conference Room, New Delhi.


The growth <strong>of</strong> <strong>CBI</strong> and increase in the<br />

volume <strong>of</strong> work demanded a centralized monitoring<br />

<strong>of</strong> its cases and better coordination amongst the<br />

branches.<br />

Hence, the need arose for a Command Centre.<br />

The Command Centre coordinates all activities <strong>of</strong> <strong>CBI</strong><br />

relating to Information Technology and provides<br />

online communication amongst the branches located<br />

in various parts <strong>of</strong> the country. It plays an important<br />

role in crisis management relating to the investigation<br />

<strong>of</strong> major cases. It has cyber forensics and digital<br />

analysis centre, network monitoring centre and<br />

strategic communication centre, besides other<br />

facilities.<br />

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Command Centre, <strong>CBI</strong> Headquarters, New Delhi


Shri K.C. Pant, Union Minister <strong>of</strong><br />

State for Home Affairs at CFSL along<br />

with Dr. H.L. Bami, Director, CFSL<br />

th<br />

on 26 April, 1971.<br />

CENTRAL FORENSIC SCIENCE<br />

LABORATORY<br />

The Ministry <strong>of</strong> Home Affairs,<br />

Government <strong>of</strong> India, set up a<br />

Forensic Science Laboratory<br />

(CFSL) for Delhi Police and the <strong>CBI</strong><br />

under the administrative control <strong>of</strong><br />

the <strong>CBI</strong> in 1968. It has now grown<br />

into a first rate modern laboratory<br />

counted among the 'few best' in the<br />

country. The CFSL has ten fullyequipped<br />

Divisions, namely,<br />

Ballistics, Biology, Chemistry,<br />

Computer Forensics, Documents,<br />

Fingerprints, Lie Detector, Photo<br />

and Scientific Aids, Physics and<br />

Serology with an additional state<strong>of</strong>-the-art<br />

laboratory for DNA<br />

pr<strong>of</strong>iling.<br />

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A view <strong>of</strong> work at CFSL, New Delhi<br />

88<br />

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A p a r t f r o m i t s o r i g i n a l<br />

beneficiaries, the CFSL now caters to the<br />

forensic needs <strong>of</strong> all the <strong>Central</strong><br />

Government Departments, State<br />

Forensic Science Laboratories, Defence<br />

Forces, Government Undertakings,<br />

Banks and so forth in investigating<br />

criminal cases.<br />

It has name for its pr<strong>of</strong>essional<br />

excellence and scientific and objective<br />

studies.<br />

Experts at Fingerprint Laboratory, CFSL, New Delhi<br />

<strong>89</strong><br />

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