INSIGHT OF CBI ENQUIRY AND PROCEDURE

INTRODUCTION

The Central Bureau of Investigation (CBI) is the foremost investigating police agency in India, an elite force which plays a major role in public life and ensures the health of national economy. It is under the jurisdiction of the government of India. CBI is generally involved in major criminal probes and is also the Interpol agency in India. CBI was established in 1941 and thereafter it was named Central Bureau of investigation in 1963

GUIDELINES FOR ENQUIRY BY SUPREME COURT

There are strict guidelines that are provided in the matter of inquiry. The power of investigation as granted by Delhi Special Police Establishment Act 1946 (DSPE) Act doesn’t provide any extraordinary power other than what is stipulated under the code of criminal procedure 1973. Under section 156 of the code of criminal procedure 1973, every officer above the rank of officer in-charge of the police station has the statutory authority for investigating the case involving the cognizable offenses. Such officers (as stipulated in section 156 of the code of criminal procedure) under section 157 of the code of criminal procedure have the power to send the deputy officer or sub-inspector to proceed to the spot for the purpose of investigation.

As per the guidelines issued by the Supreme Court the CBI investigating procedure should be in context with code of criminal procedure 1973 and thus doesn’t have any special power in that regard.

DSPE RELATION

As per section 3 of the Delhi Special Police Establishment Act 1946, the investigating officers of CBI are authorized to conduct investigation only after they are notified by the central government for the said purpose. For the purpose of investigation in the union territories the consent of the central government is necessary as stipulated under section 5 of DSPE Act 1946 along with the consent of the state government as stipulated under section 6 of DSPE Act 1946. Moreover if once the consent is given by the said government the same could not be revoked as held by the Supreme Court in the landmark judgment of K.Chandrasekhar etc. v. State of Kerala (JT 1998(3) SC 612).

INSIGHT

Generally the inquiry that is conducted by the central board of investigation goes for a year, and after they have enough documents and evidences for each and every thing they file a case in that regard (but usually the procedure takes years to get completed). They don’t only collect the document that are related to the present case directly but also take into account the remote things that are affecting the said issue. Due to this long procedure of the central bureau of investigation the cases go on for decades, which clearly shows the lack in the present official to bring the concerned thing to rest quickly.

Due to this long going investigation and hearings in the courts in which CBI is involved, the judiciary has made separate courts for the said matter which involves special judges that are appointed for dealing these matter.

There is a serious need of change in the procedure and the system that is governing the said issue because delay in the cases only show lack of efficiency in the present judiciary and administrative system.

As per the current procedure CBI has to take immediate action as soon as they notice any sort of fraud that is committed and they will have to take all the necessary documents in their custody for the said purpose. To lodge an F.I.R is a long process as such, first of all a pre-permission is required to investigate a particular case from an appropriate authority. All the cases which involve any sort of criminal activity, require inquiry to be made with regard to non-officials, examining  private record, need expert police investigation, need to investigate abroad, have to be routed through chief vigilance officer then to the chairman and the managing director, after getting all the approvals. Thereafter the case can be given to the CBI for further enquiry.

As far as the documentation is considered, all the documents that are with the CBI officials, they have to submit the certified copy of the same to the office of CBI and within 4 days all the documents that are with the officials, the copies of the same are to be brought to the chief vigilance officer, to reduce any kind of delay. But the irony is, there is no procedure to what extent the investigation should continue. Generally these sort of investigations continue for years which lead to the delay in the procedure. Moreover at the end of the investigation all the documents that are collected must be submitted to the CBI office along with the photocopies and the certified copies of the same and the checklists should be created for the same.

After successful completion of submission of the document the receipt must be collected.

Though on paper the process may look easy and simple but the technicalities involved take time and thus lead to delay.