CBI - POLITY

News: CBI defers Manish Sisodia’s questioning in Delhi excise case

 

What's in the news?

       After Delhi Deputy Chief Minister Manish Sisodia sought time to appear for questioning in the Delhi Excise policy case, the Central Bureau of Investigation (CBI) officials said he will not join the investigation.

 

CBI:

       CBI is the foremost investigative police agency in India.

       It is a non-constitutional and non-statutory body.

       It derives power to investigate from the Delhi Special Police Establishment Act, 1946.

       It was established in 1941 as the Special Police Establishment and was renamed to present nomenclature of CBI in 1963.

       Headquarters: New Delhi.

       Motto: Industry, Impartiality, Integrity.

 

Organization structure:

       It is headed by Director, an IPS officer of DGP rank.

       The CBI Director is selected by a committee comprising Prime Minister, Chief Justice of India and Leader of Opposition or leader of the largest party in opposition in Lok Sabha.

       The tenure of CBI director has been extended from two years to five years now.  The change in tenure of the CBI Director was done by amending the Delhi Special Police Establishment Act, 1946. However, no extension can be granted to the CBI chief after a period of five years.

 

Vision:

       Combating corruption in public life.

       Curbing economic and violent crimes through meticulous investigation and prosecution.

       Contribute to the battle against cyber and high-tech crime by developing effective methods and procedures for successful investigation and prosecution of cases in various law courts.

       Assist state police organizations and law enforcement agencies with national and international collaboration, notably in the areas of investigations and case investigation.

       Take the lead in the fight against domestic and international organized crime.

       Protect human rights, the environment, the arts, antiques, and our civilization's heritage.

       Develop a scientific temperament, humanism, and an inquiry and reform mentality.

       Strive for quality and professionalism in all aspects of the organization's operations so that it can reach new heights of ambition and achievement.

 

Powers:

       CBI investigates cases related to economic crimes, special crimes, cases of corruption and other high-profile cases.

       CBI comes under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.

       CBI is exempted from Right to Information (RTI) Act similar to the National Investigating Agency (NIA), National Intelligence Grid (Natgrid), etc.

 

Concerns:

       Exemption from RTI Act - issues of transparency and accountability.

       Consent required from the State Government in investigation of cases - affects their functioning.

       Political interference - complaints from opposition parties such as the government misusing powers of CBI to curb their voice.

       Low conviction rate and delayed investigation in many cases.

       Requirement of prior clearance from the Central Government to conduct inquiries or investigations of Central Government employees at the level of Joint Secretary and above causing hurdles in their effective functioning.

 

To ensure that the CBI is a strong, independent, and credible investigation agency, a much more transparent framework to oversee the CBI's appointment and operations is urgently needed.