In this article, we are going to discuss CBI vs. State police in the context of the Sushant Singh Rajput suicide mystery case. We are going to examine the origin of CBI and compare its legal powers with that of state police.
CBI vs. State Police UPSC - Establishment of CBI
The Central Bureau of Investigation was established in 1963 by a resolution passed by the Ministry of Home Affairs. Later the control of CBI was handed over to the Ministry of Personnel
The CBI comes under the administrative control of the Department of Personnel and Training (DoPT), which is controlled by the Ministry of Personnel
CBI was established after the recommendation of the Santhanam Committee set up for the Prevention of Corruption from 1962 to 1964
Also, read: Second Tabletop Airport Crash in India within 10 years
Sources of Power for a CBI Officer
Central Bureau of Investigation is not a statutory body and hence it derives its powers from Delhi Special Police Establishment Act 1946. Hence if we compare CBI vs. State Police we can say that CBI enjoys certain exclusive powers which the state police doesn’t enjoy
It is the main investigating agency for the Central government and its officers also has the power to assist the Central Vigilance Commission and the Lokpal
Organization of CBI
As per the latest Central Bureau of Investigation annual report, it has the following divisions
- Anti Corruption Division
- Special Crimes Division
- Economic Offences Division
- Technical Advisory Units
- Directorate of Prosecution
- Policy Division
- Administrative division
Composition and Hierarchy in CBI
The Central Bureau of Investigation is headed by a Director also known as CBI chief who is based out in the CBI head office. He is assisted by a Special Director or an Additional director.
CBI also has several joint directors, deputy inspector generals, SP’s, inspectors and officers. In total CBI has more than 5000 staff members, 125 forensic experts, and some law officers.
CBI vs. State Police - Additional Powers of the CBI
The CBI chief along with the Delhi Special Police Establishment is responsible for the administration and functioning of the CBI.
After the enactment of the CVC Act 2003, the superintendence of the Delhi Special Police Establishment lies with the Central Government of India.
Also, the Prevention of Corruption Act 1988, states that the superintendence of CBI lies with the Central Vigilance Commission.
These two acts give special powers to the CBI Chief who is provided security of two-year tenure in office by the CVC Act 2003
When can CBI investigate
CBI must take prior permission of the Central Government before conducting or taking up any cases or investigation into an offense committed by Central government officers of the rank of joint secretary and its authorities.
In May 2014, however, the Supreme Court scrapped the legal provision that requires prior permission mandatory for the CBI to probe against senior bureaucrats in corruption cases under Prevention of Corruption Act
A constitution bench held that Section 6A of Delhi Special Police Establishment Act which granted protection to Central Government officials above the rank of joint secretary to be violative of Article 14 of the Indian constitution.
This judgment by the special constitution bench of the Supreme court gave additional power to the CBI over intelligence bureau and other probing agencies
CBI vs. State Police over the investigation of financial crimes
CBI is given special powers in conducting investigations related to corruption cases, bribery, and misconduct of Central government employees.
CBI also investigates cases related to the infringement of fiscal and economic laws i.e. breaching of income tax, customs, and export-import laws. However such cases are taken up in consultation with the respective government agencies.
For eg: if CBI probes a case against infringement of income tax laws then CBI inspector vs income tax inspector leads a joint investigation
CBI vs Police over the investigation of Sushant Singh Rajput death mystery
The Central Bureau of Investigation is also empowered by the Central government for investigating serious crimes having national and international ramifications committed by organized gangs of professional criminals.
It also takes up cases under the request of State and Central governments.
The CBI also takes up the investigation of conventional crimes like murder, kidnapping, rape, etc. on reference from the State governments or under the direction of the Supreme Court of India
The Central Bureau of Investigation (CBI) began its second day of investigation for solving the death mystery of Sushant Singh Rajput in Mumbai on Saturday.
The SPE team, along with kits forensic experts, reached Sushant’s residence in Mont Blanc Apartment around 2.30 pm.
They will reconstruct the crime scene at Rajput's Bandra flat, where he was found hanging on June 14.
Therefore, CBI will investigate the death mystery of our favorite actor Sushant Singh Rajput under the direction of the Supreme Court of India and hence the Maharashtra State government must extend full co-operation in the investigation process
CBI vs. State Police - Conclusion
Special Police Establishment (a division of CBI) is supplementary to that of the state police forces. Therefore CBI enjoys powers of investigation and prosecution for offenses under the Delhi Police Establishment Act.
However, in the case of disagreement between CBI vs. State police, several agreements have been made between the two agencies.
SPE shall investigate cases which are essentially concerned with the Central Government officials, employees
State police shall take up cases that are concerned with state governments, officials, and employees.
CBI shall take up cases against misgovernance of employees and officials of the Constitutional bodies
You can use the content of this blog for writing topics in GS Paper 1 (Polity and Governance), Current Affairs
Please follow our blogs and articles
Team Being Inkspired
Disclaimer: The information contained herein is obtained from publicly available data or other sources believed to be reliable and Being Inkspired has not independently verified the accuracy and completeness of the said data and hence it should not be relied upon as such. While we would endeavor to update the information herein on a reasonable basis, Being Inkspired, its subsidiaries and associated companies, their directors and employees (“Being Inkspired and affiliates”) are under no obligation to update or keep the information current. Also, there may be regulatory, compliance, or other reasons that may prevent Being Inkspired and affiliates from doing so. This document is prepared for assistance only and is not intended to be and must not alone be taken as the basis for an investment decision.
No comments:
Post a Comment
Please don't comment anything that violates our community standards