CBI for new law to govern its functioning

Submits draft to government which seeks replacement for DSPE Act

Often under attack from the Opposition parties who accuse the government of the day of misusing it, the Central Bureau of Investigation (CBI) has urged the government to replace the outdated pre-independence era Delhi Special Police Establishment Act that governs its functioning with a new law.

Mindful of constraints and growing challenges, the CBI has told the government that “there is lack of an independent, unified Central government agency to undertake prevention, detection, investigation and prosecution of offences related subjects in the Union List of the Seventh Schedule of the Constitution.''

The CBI has submitted the draft Central Bureau of Investigation Act, 2010 as per provisions of Article 246 of the Constitution to the government which it seeks as a replacement for the DSPE Act.

Pointing out that several Parliamentary committees too in the past have recommended replacement of DSPE Act by an independent CBI Act, the agency said that it felt constrained by the need to obtain consent of the States to investigate offences in their jurisdictions and challenges by the States to the powers of the Supreme Court and the High Courts to order CBI probe without their consent.

Extension of powers

Seeking extension of powers and jurisdiction of the CBI to States, the draft says the Central government may by order “extend to any area, including Railway areas, in a State, not being Union Territory, the powers and jurisdiction of officers of the Bureau for the prevention, investigation and prosecution of offences included in the Schedule II and those related to matters in the concurrent list of the Seventh Schedule of the Constitution.''

Besides certain offences punishable under various sections of the Indian Penal Code, the CBI seeks to investigate and prosecute offences committed under other Acts like the Explosive Substances Act, the Anti-Hijacking Act, the Drugs and Cosmetics Act, the Official Secrets Act, the Mines and Minerals Act, the Passport Act, the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, the Unlawful Activities (Prevention) Act, the Registration of Foreigners Act, the Railways Act, the Information Technology Act, the Prevention of Food Adulteration Act and the Prevention of Corruption Act. In all, the Schedule I and II of the draft Act include 53 classes of offences under various Acts over which the CBI wants to have an all-India jurisdiction.

‘Need jurisdiction'

“We want jurisdiction like the Narcotics Control Bureau (NCB) and the recently set-up Serious Frauds Investigation Office (SFIO) which would give us more freedom to act cutting across the boundaries of States,'' senior CBI officials said. The draft Act includes provisions like terms and conditions of service of the Director and superintendence of the Central Vigilance Commission (CVC) over CBI as relating to investigation of offices allegedly committed under the Prevention of Corruption Act, 1988. It envisages a committee for appointment of CBI Director as had been laid down by the Supreme Court judgement in 1997 in Vineet Narain case.

Organisational structure

It proposes an organisational structure of the Director, Special/Additional Director, Joint Director, Deputy Director, Assistant Director, Investigation Officer and Grade I, II and III personnel as may be specified by the Central government.

The CBI traces its origin to the Special Police Establishment, set up in 1941, with the aim of investigating cases of bribery and corruption in transactions with the War and Supply Department of India during World War II and its superintendence was vested with the War Department.

The Delhi Special Police Establishment (DSPE) Act was brought into force in 1946 and the CBI acquired its current name through a Home Ministry resolution of April 1, 1963.

In due course, all public sector undertakings, banks were also brought under the purview of the CBI, besides offences relating to corruption only by the Central government servants. From 1965, the CBI has also been entrusted with the investigation of economic offences and conventional crimes like murders, kidnappings, terrorist crimes on a selective basis.

The CBI registers an average of 1,500 cases every year and has a conviction rate ranging between 65 to 70 per cent, ranked to be among the highest even by global standards.