LAXMIKANT: CHAPTER S8.3 CENTRAL BUREAU OF INVESTIGATION BY NANDINI MAHARAD
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TOPICS Functions o Provision of Prior Permission
FUNCT ONS OF CBI o (i) Investigating cases of corruption, bribery and misconduc t of Central government employees. ( ) Investigating cases relating to infringement of fiscal and economic lauos, that is, breach of aws concerning export and import control, customs and central excise, income tax, foreigh exchange regulatiohs and so on. o o However, such cases are taken up either in consultation with or at the request of the department concerned o (t) Investigating serious crimes, having national and international ramifications, committed by organised gangs of protessional criminals. o (iv) Coordinating the activities of the anti-corruption agencies and the various state police orces
o (v) Taking up, on the request of a stabe government, any case of public importance or investigation. o (vi) Maintaining crime statistics and disseminating criminal information. o The CBI is a multidisciplinary tnvestigation agency of the Government of Indi and a undertakes investigation of CORRUPTION-RELATED-CASES o ECONOMIC OFFENCES AND CASES OF CONVENTIONAL CRIME
o It normally confines its activities in the anti-corruption field to offences committed by the employees of the Central Government and Union Territories and their public sect r undertakings It takes up investigation of conventional crimes Like murder, kidnapping, rape etc, on reference from the state governments or when directed by the Supreme Court/High Courts, o The CBI acts as the "National Central Bureau" of Interpol in India. o The Interpol Wing of the CBI coordinates requests for investigation-related activities originating from Indian law enforcement agencies and the member countries ot the Interpol.
PROVISION OF PRIOR PERMISSION o The CBI is required to obtain the prior approval of the Central Government before conducting any inquiry or investigation into an offence committed by officers of the rank of joint secretary and above in the Central Government and its authorities. However, on May 6, 2014, the Supreme Court held as invalid the Legal provision that makes prior sa ction mandatory for the Central Bureau of Investigation to conduct a probe against senior bureaucrats in corruption cases under the Prevention of Corruption Act o A Constitution Bench held that Section 6A of the Delhi Special Police Establishment Act, which granted protection to joint secretary and above officers from facing even a preliminary inquiry by the CBI in corruption cases, was violative of Article 14.
o The provision in Section 6A impedes tracking down the corrupt senion bureaucrats as without previous approval of the Central Government, the CBI cannot even hold preliminary nguir much less an investigation into the allegations. The protection wnder section 6A has propensity of shielding the corrupt" the Bench added o observing that there could not be any prokection to corrupt public servants, the Bench said, "The aim and object of investigation is ultimately to search for truth and any laus that impedes that object may not stand the test'of Article 14. o Breach of rule of law, in our opinion, amounts to negation of equality under Article 14. Section 6-A fails in'the context of these facets of Article 14
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MA in Applied Human Rights from Sheffield Hallam University, BA (Hons.) History from LSR, reader, dancer, love to teach, AIR 42 in 2018 UPSC