Ppt rights analysis research gap between law and justice

Analysis

1. Socio-Economic Offences Central Bureau of Investigation

2. Introduction Central Bureau of Investigation (CBI) is the foremost investigating police agency in India and is involved in major criminal, corruption and investigation cases. It is an anti-corruption body in the country. It looks the matters related to crime and it is also the Interpol agency in India.  CBI was established in 1941 as the Special Police Establishment, tasked with domestic security. It was renamed the Central Bureau of Investigation on 1 st April 1963. Its motto is "Industry, Impartiality, Integrity". Agency headquarter situated at New Delhi, with field offices located in major cities throughout India. The CBI is overseen by the Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions of the Union Government, headed by a Union Minister who reports directly to the Prime Minister. The current CBI director is Sh. Rishi Kumar Shukla .

3. Vision of CBI The motto of CBI is "Industry, Impartiality and Integrity". The vision of CBI is to focus on the following: Combating corruption in public life, curb economic and violent crimes through meticulous investigation and prosecution. Evolve effective systems and procedures for successful investigation and prosecution of cases in various law courts. Help fight cyber and high technology crime. Create a healthy work environment that encourages team-building, free communication and mutual trust. Support state police organizations and law enforcement agencies in national and international cooperation particularly relating to enquiries and investigation of cases. Play a lead role in the war against national and transnational organized crime. Uphold Human Rights, protect the environment, arts, antiques and heritage of our civilization. Develop a scientific temper, humanism and the spirit of inquiry and reform. Strive for excellence and professionalism in all spheres of functioning so that the organization rises to high levels of endeavor and achievement.

4. History The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Dept. of India during World War II. Superintendence of the S.P.E. was vested with the War Department. In 1943, an Ordinance was issued by the Government of India, by which a Special Police Force was constituted and vested with powers for the investigation of certain offences committed in connection with the departments of the Central Government committed anywhere in British India. As a need for a Central Government Agency to investigate cases of bribery and corruption was felt even after the end of the war, the Ordinance issued in 1943, which had lapsed on 30th September, 1946 was replaced by Delhi Special Police Establishment Ordinance of 1946. Subsequently, the same year Delhi Special Police Establishment Act, 1946 was brought into existence.

5. The Delhi Special Police Establishment Act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the Govt. of India. The DSPE acquired its current name, Central Bureau of Investigation (CBI),  but, it is still governed by the 1946 Act. Initially the offences that were notified by the Central Government related only to corruption by Central Govt. servants. With the nationalization of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the CBI. Since early 1980's, constitutional courts also started referring cases to CBI for enquiry/investigation on the basis of petitions filed by the aggrieved persons in cases of murders, dowry deaths, rape etc. In view of these developments, it was decided in 1987 to have two investigation Divisions in CBI namely: Anti Corruption Division and Special Crimes Division.

6. Selection committee The amended Delhi Special Police Establishment Act empowers a committee to appoint the director of CBI. The committee consists the following people: Prime Minister – chairperson Leader of Opposition – member Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member When making recommendations, the committee considers the views of the outgoing director. Above Selection committee was constituted under The Lokpal and Lokayuktas Act, 2013. Before this central vigilance commissioner, under CVC Act, had this power.

7. Jurisdiction powers, privileges and liabilities CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946. This Act confers concurrent and coextensive powers, duties, privileges and liabilities on the members of Delhi Special Police Establishment (CBI) with Police Officers of the Union Territories. The Central Government may extend to any area, (except Union Territories), the powers and jurisdiction of members of the CBI for investigation subject to the consent of the Government of the concerned State. Members of the CBI at or above the rank of sub-inspector may be considered officers in charge of police stations. Under the Act, the CBI can investigate only with notification by the central government.

8. 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.

9. High Courts and the Supreme Court The High Courts and the Supreme Court have the jurisdiction to order a CBI investigation into an offense alleged to have been committed in a state without the state's consent, according to a five-judge constitutional bench of the Supreme Court held in State of West Bengal & Ors. v. The Committee for Protection of Democratic Rights, West Bengal & Ors. (2010) 3 SCC 571. The bench ruled: Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly. The court clarified this is an extraordinary power which must be exercised sparingly, cautiously and only in exceptional situations.

10. Right To Information (RTI) CBI is exempted from the provisions of the Right to Information Act, 2005. This exemption was granted by the government on 9 June 2011 (with similar exemptions to the National Investigating Agency (NIA), the Directorate General of Income Tax Investigation and the National Intelligence Grid ( Natgrid ) on the basis of national security. It was criticized by the Central Information Commission and RTI activists, who said the blanket exemption violated the letter and intent of the RTI Act.

11. S.Vijayalakshmi v. Union Of India, W.P.No.14788 of 2011 The Supreme Court observed that: “…During the hearing, the appellant submitted that the sought for information should be provided to him as it involves larger public interest and are related to corruption and corrupt practices indulged in by the said organisation . In such situations, the exemption provided u/s 24 of the RTI Act cannot be fully claimed. The CBI is a just like a police organisation of Central Government undertaking investigations related to corruption cases, financial fraud etc. Their main duty is investigation only. He also submitted hat as per Supreme Court Judgment, the CBI is duty bound to upload all its FIRs on its website like other police establishment. So CBI is like other police stations authorised to register FIR, file charge sheets and conduct prosecution and appeals in criminal cases. Actually it is not entitled to blanket exemption from the applicability of RTI Act under Section 24 because its main function is to conduct investigation into cases of such nature.”

12. Criticism According to my opinion, CBI's political overtones, has been exposed by former officials such as Joginder Singh and B.R. Lall (director and joint director, respectively) as engaging in nepotism, wrongful prosecution and corruption. According to B.R. Lall , Who Owns CBI, detailed how investigations are manipulated and derailed. Corruption within the organisation has been revealed in information obtained under the RTI Act, and RTI activist Krishnanand Tripathi has alleged harassment from the CBI to save itself from exposure via RTI. Normally, cases assigned to the CBI are sensitive and of national importance. It is standard practice for state police departments to register cases under its jurisdiction; if necessary, the central government may transfer a case to the CBI. The agency has been criticised for its mishandling of several scams. It has also been criticized for dragging its feet investigating prominent politicians, such as P.V. Narasimha Rao, Jayalalithaa , Lalu Prasad Yadav , Mayawati and Mulayam Singh Yadav ; this tactic leads to their acquittal or non-prosecution.

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