Calcutta HC orders CBI probe into Bogtui killings

Calcutta HC orders CBI probe into Bogtui killings

Subject: Polity

Section: National organisation

Context: Calcutta HC orders CBI probe into Bogtui killings

Concept:

Historical background:

• Early stage of World War-II, the Government of India realised that vast increase in expenditure for war efforts had provided opportunities to unscrupulous and anti-social persons, both officials and non-officials, for indulging in bribery and corruption at the cost of public and the Government. It was felt that Police and other Law Enforcement Agencies under the State Governments were not in a position to cope with the situation. An executive order was, therefore, passed by the Government of India in 1941, setting up the Special Police Establishment (SPE) under a DIG in the then Department of War with mandate to investigate cases of bribery and corruption in transactions with which War and Supply Department of the Government of India was concerned. At the end of 1942, the activities of the SPE were extended to include cases of corruption on Railways also, presumably because the Railways were vitally concerned with movement and supply of war materials.
• CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946. Section 2 of the Act vests DSPE with jurisdiction to investigate offences in the Union Territories only. However, the jurisdiction can be extended by the Central Government to other areas including Railway areas and States under Section 5(1) of the Act, provided the State Government accords consent under Section 6 of the Act. The executive officers of CBI of the rank of Sub Inspector and above, exercise all powers of a station office in-charge of the police station for the concerned area for the purpose of investigation. As per Section 3 of the Act, Special Police Establishment is authorised to investigate only those cases, which are notified by the Central Government from time to time.
• After promulgation of the Act, superintendence of SPE was transferred to the Home Department and its functions were enlarged to cover all departments of the Government of India. The jurisdiction of SPE was extended to all the Union territories and the Act provided for its extension to States with the consent of the State Government. The Headquarters of SPE was shifted to Delhi and the organisation was put under the charge of Director, Intelligence Bureau. However, in 1948, a post of Inspector General of Police, SPE was created and the organisation was placed under his charge.
• In 1953, an Enforcement Wing was added to the SPE to deal with offences under the Import and Export Control Act. With the passage of time, more and more cases under laws other than Prevention of Corruption Act and violations of Import and Export Control Act also came to be entrusted to the SPE. In fact, by 1963 SPE was authorised to investigate offences under 91 different sections of Indian Penal Code and 16 other Central Acts besides offences under the Prevention of Corruption Act 1947.
• A growing need was felt for a Central Police Agency at disposal of the Central Government which could investigate not only cases of bribery and corruption, but also violation of Central fiscal laws, major frauds relating to Government of India departments, public joint stock companies, passport frauds, crimes on the high seas, crimes on the Airlines and serious crimes committed by organised gangs and professional criminals. Therefore, the Government of India set up Central Bureau of Investigation by a resolution dated 1st April, 1963 with the following divisions:
  • Investigation &Anti Corruption Division (Delhi Special Police Establishment)
  • Technical Division
  • Crime Records and Statistics Division
  • Research Division
  • Legal and General Division
  • Administration Division

Director CBI

Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. With enactment of CVC Act, 2003 the Superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. Director, CBI has been provided security of two year tenure in CBI by the CVC Act, 2003. The CVC Act also provides mechanism for selection of Director, CBI and other officers of the rank of SP and above in CBI.

How does the CBI take up cases?

CBI cannot take suomotu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff, or an incident of violent crime. In order to take up corruption cases involving central government staff, it either needs general consent (see last question) of the state government, or specific consent on a case-to-case basis. For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same. In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

Can the CBI decline to take up a case for investigation?

After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency. If the CBI feels that it is not worthwhile for it to expend time and energy on the case, it may decline to take it up. In the past, the CBI has refused to take over cases citing lack of enough personnel to investigate, and saying it is over burdened.