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