The Author, Anish Bachchan is a 5th-year law student currently studying at Amity Law School, Noida.
Introduction: What is CBI?
When we talk about government organizations and agencies, we mostly think of the FBI, CIA, MI5, Mossad, etc. These organizations handle domestic and foreign cases ranging from fraud to terrorism. India is no exception to such organizations. We have the DIA, NCB, RAW, and the center of attention of this article, the CBI.
The Central Bureau of Investigation (or CBI in short) is the primary investigation agency of India. It handles bribery, corruption case, organized crimes, and other economic crimes. Since the organization also has ties with Interpol, it has the jurisdiction of international crimes[i].
The organization came into being in 1965. Its jurisdiction has expanded ever since then. It also enjoys the privilege of exclusion from the Right to Information Act. It has the resources to handle some of the most complicated cases in India.
At the same time, like a coin with two sides, the CBI is not without its flaws. Many detractors express the irony of CBI as it gets embroiled with corruption despite being an anti-corruption organization. The political masters also love to put their nose on CBI's working. The result of that would create more biasness during an investigation.
The Bofors case was probably one of the organization's lowest points. Who could have thought that an artillery arms deal between India and Sweden would cause an enormous scandal? The top brass of both the Indian and Swedish governments have been bribing Bofors, a Swedish arms company. Critics blamed the CBI for its inability to handle the situation pretty well[ii][iii].
Composition of CBI[iv][v]
The Director runs the organization under the tenure of 2 years (The guidelines are given in the CVC Act). The CBI also has additional directors, police higher-ups, and law experts in its arsenal. The CVC Act highlights the selection:-
- Of the director of CBI
- And the SP-ranked officers.
The Central Government appoints the director of CBI under the recommendation of the committee.
The members of the committee are:-
- The chairperson is the Central Vigilance Commissioner.
- Other members of the Vigilance Commissioners.
- The Indian Government's Secretary is also at the helm of the Ministry of Home Affairs.
- The Cabinet Secretariat's Secretary (Coordination and Public Grievances).
The police officers, who are also members of the CBI are
- The Superintendent of Police
- Deputy Inspector General
The Functions of CBI[vi]
The CBI's primary job is to investigate cases of corruption and bribery. They are also associated with persons who conduct economic crimes. If you've seen the series Scam 1992, you're already familiar with the Harshad Mehta Scam. The CBI was involved in the investigation, but as the show shows, their level of corruption hampered the case's progress[vii].
The State Government can request the CBI to handle the case that is of public importance. The organization also keeps its records and statistics of crimes. They have their separate section for Interpol, which oversees the international cases alongside Interpol member nations. The High Court and Supreme Court can request the CBI to see through murder and kidnapping cases. They can also look into investigations involving domestic and international terrorist and crime groups. The CBI also cooperates with other organizations handling anti-corruption cases alongside state police forces[viii][ix].
Problems with CBI with Reference to Cases[x][xi]
- Arushi Talwar Case: We are all familiar with the infamous Arushi Talvar Case. When the adolescent and her servant died mysteriously in Noida, the locals went into banshee mode. The media created a spectacle out of it to acquire juicy TRPs. They argued that the parents were somewhat to blame for their deaths. This was before the judicial proceedings began. The Allahabad High Court dismissed the notion that the parents were the murderers (Albeit the Ghaziabad Court punished them for life imprisonment). The court also admonished the CBI for tampering with evidence, which harmed the case[xii].
- Sister Abhaya Case: CBI failed to get any suspect of the murder of the nun in Kerela. The local police initially thought that the cause of death was suicide. When the case was given to the CBI, they tried to include that the cause was murder. However, the CBI has neither the evidence nor the suspect to prove the said cause. The court rejected the CBI's conclusion multiple times, and the case eventually ended with the court punishing the main accused with life imprisonment[xiii][xiv].
- The 2G Spectrum Case: The 2G Spectrum case is probably the high-profile case of the 2000s. The case was a fitting blow to the UPA-led government as many of their politicians got involved. Long story short, the upper echelons were selling 2G spectrum licenses. They conditioned that it would benefit the telecom corporations. The center of attraction, A. Raja sold the licenses at a low price only to receive a loss of US $25 billion. The CBI happens to have lakhs of pages of the scandal, however, they failed to convict a single person. Eventually, the court acquitted the alleged perpetrators including A. Raja[xv][xvi][xvii].
- The Coal Scam: The coal scam was another case of corruption with the UPA-led government getting under hot water again. The government was criticized for issuing the nation's coal to private corporations. The cost of the said allocation was the US $140 billion. The CBI got involved in this, to find out whether the rewarding of coal has any influence on corruption. However, an article by Indian Express states that corrupt CBI officials were involved in bribery to weaken and suppress the case[xviii][xix][xx].
Conclusion: The Future of CBI
With all the political interference ruining the case, it's safe to assume that the CBI has become the caged parrot that could only utter after its master has spoken. CBI indeed played a benevolent role in curbing corruption and bribery. At the same time, the organization is deeply buried under the layers of irony. The irony is that the organization that suppresses corruption is now influenced by it[xxi][xxii].
Although the RTI excludes the CBI, there are still ways to reform the organization:-
- The trinity committee comprising of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition. The director of the CBI can only be appointed or removed by the consent of the trio.
- Should the director gets convicted of any misconduct, they should be removed from the office.
- A bill had been presented to give more autonomy in the financial realm.
- An accountability committee must be established which should be handled by the retired judges from High Court or Supreme Court[xxiii].
Lastly, it's high time for CBI to get its act together and start sorting out the corruption scandals that have affected our country. We watched a Bollywood movie called Special 26. It showed how the CBI was outclassed by the cons disguising themselves as CBI. Albeit it is a work of fiction, it highlights the current status of the organization. Until they change themselves for the better, it's only a matter of time before they become the pale shadow of their former selves. This is why it's hoped that they change for the better.
References
[i] Central Bureau of Investigation, Wikipedia (May 27, 2003), en.wikipedia.org/wiki/Central_Bureau_of_Investigation.
[ii] Bofors scandal, Wikipedia (Sept. 22, 2003), en.wikipedia.org/wiki/Bofors_scandal.
[iii] What is the Bofors scam case?, India News,The Indian Express (Feb. 3, 2018), indianexpress.com/article/india/what-is-the-bofors-scandal-case-why-is-it-being-opened-now-4823576/.
[iv] What is composition of Central Bureau of Investigation?, www.careerride.com/mchoice/what-is-composition-of-central-bureau-of-investigation-28572.aspx.
[v] Central Bureau of Investigation: Composition, Functions Civilsdaily, (Sept. 21, 2017), www.civilsdaily.com/central-bureau-of-investigation-composition-functions/.
[vi] Central Bureau Of Investigation (CBI) [UPSC Notes for GS II], Role & Responsibilities, Functions, Autonomy and I (Sept. 3, 2019), byjus.com/free-ias-prep/central-bureau-of-investigation-upsc-notes/.
[vii] Scam 1992, Wikipedia (Oct. 2, 2020), en.wikipedia.org/wiki/Scam_1992.
[viii] Sanjana Krishna Kumar, Major Roles & Functions of CBI, Know Why CBI is in News! (Oct. 26, 2018), testbook.com/blog/roles-functions-of-cbi-gk-notes-pdf/.
[ix] What are functions of CBI?, www.careerride.com/mchoice/what-are-functions-of-cbi-28573.aspx.
[x] List of high-profile cases where CBI failed to cross hurdle of judicial scrutiny, India News,The Indian Express (Dec. 22, 2017), indianexpress.com/article/india/2g-spectrum-case-list-of-high-profile-cases-where-cbi-failed-to-cross-hurdle-of-judicial-scrutiny-4994733/.
[xi] Central Bureau of Investigation, Wikipedia (May 27, 2003), en.wikipedia.org/wiki/Central_Bureau_of_Investigation.
[xii] The Freedom Of Speech And The Privacy Right In The Press And The Media: When Should The Journalists Rights For The Freedom Of Expression Be Restricted? |, JudicateMe (July 12, 2021), judicateme.com/the-freedom-of-speech-and-the-privacy-right-in-the-press-and-the-media-when-should-the-journalists-rights-for-the-freedom-of-expression-be-restricted/.
[xiii] Explained: From suicide to murder verdict, a 28 year journey in Abhaya case, (Jan. 1, 2021), indianexpress.com/article/explained/abhaya-case-explained-cbi-court-verdict-thomas-kottoor-sephy-guilty-7114774/.
[xiv] Sister Abhaya murder case, Wikipedia (Apr. 20, 2007), en.wikipedia.org/wiki/Sister_Abhaya_murder_case.
[xv] Explained: 2G spectrum scam, Lexlife India (Feb. 21, 2020), lexlife.in/2020/02/21/explained-2g-spectrum-scam/.
[xvi] 2G spectrum case, Wikipedia (Nov. 30, 2010), en.wikipedia.org/wiki/2G_spectrum_case.
[xvii] List of high-profile cases where CBI failed to cross hurdle of judicial scrutiny, India News,The Indian Express (Dec. 22, 2017), indianexpress.com/article/india/2g-spectrum-case-list-of-high-profile-cases-where-cbi-failed-to-cross-hurdle-of-judicial-scrutiny-4994733/.
[xviii] Explained: Coal scam Manmohan Singh in the dock, Explained News,The Indian Express (Mar. 12, 2015), indianexpress.com/article/explained/manmohan-singh-in-the-dock/.
[xix] Utkarsh Anand, Coal scam: Some corrupt CBI colleagues took bribes to fix cases, writes investigating officer to agency chief, India News,The Indian Express (May 2, 2016), indianexpress.com/article/india/india-news-india/coal-scam-some-corrupt-cbi-colleagues-took-bribes-to-fix-cases-writes-investigating-officer-to-agency-chief-2779933/.
[xx] Indian coal allocation scam, Wikipedia (Mar. 22, 2012), en.wikipedia.org/wiki/Indian_coal_allocation_scam.
[xxi] Central Bureau of Investigation: Composition, Functions Civilsdaily, (Sept. 21, 2017), www.civilsdaily.com/central-bureau-of-investigation-composition-functions/.
[xxii] Central Bureau of Investigation- A Caged Parrot in India, (June 19, 2019), blog.ipleaders.in/cbi-a-caged-parrot-of-india/.
[xxiii] Central Bureau of Investigation: Composition, Functions Civilsdaily, (Sept. 21, 2017), www.civilsdaily.com/central-bureau-of-investigation-composition-functions/.
