LEGAL FRAMEWORK OF
CBI INCLUDING
RELATIONSHIP WITH
CONSTITUTIONAL COURT
Shri Ejaz Khan,
Senior Public Prosecutor, CBI, Mumbai
CONSTITUTION AND FUNCTIONS OF CENTRAL BUREAU OF INVESTIGATION
The Central Bureau of Investigation has been constituted by the Government of India by
a Resolution No. 4/31/61-T, dated the 1st April, 1963. The objects and functions of the
Central Bureau of Investigation have been mentioned in that Resolution which reads as
follows:
“The Government of India have had under consideration the establishment of a Central
Bureau of Investigation for the investigation of crime at present handled by the Delhi
Special Police Establishment including specially important cases under the Defence of
India Act and Rules particularly of hoarding, black marketing and profiteering in
Essential commodities, which may have repercussions and ramifications in several
States: the collection of intelligence relating to certain types of crimes, participation in
the work of the National Central Bureau connected with the International Criminal Police
Organisation, the maintenance of crime statistics and dissemination of information
relating to crime and criminals: the study of specialized crime of particular interest to the
Government of India or crimes having all-India or inter-State ramifications or of
particular importance from the social point of view; the conduct of police research: and
the co-ordination of laws relating to crime. As a first step in that direction the
Government of India have decided to set up with effect from 1st April, 1963 a Central
Bureau of Investigation at Delhi with the following six Divisions namely :-
Conti…
(i)
Investigation and Anti-Corruption Division (Delhi
Special Police Establishment)
(ii)
Technical Division.
(iii)
Crime Records and Statistics Divisions.
(iv)
Research Divisions.
(v)
Legal and General Divisions.
(vi)
Administration Divisions.
THE DELHI SPECIAL POLICE
ESTABLISHMENT ACT, 1946
An Act to make provision for the constitution of a Special Police
Force in Delhi for the investigation of certain offences in the Union
Territories for the superintendence and administration of the said force
and for the extension to other areas of the powers and jurisdiction of
members of the said force in regard to the investigation of the said
offences.
2. Constitution and powers of Special Police Establishment –
Notwithstanding anything in the Police Act, 1861, the Central
Government may constitute a Special Police Force to be called the
Delhi Special Police Establishment for the investigation in any 5(Union
Territory) of offences notified under Section 3.
3. Offences to be investigated by Special Police Establishment –
The Central Government may, by notification in the Official
Gazette, specify the offences or classes of offences which are to be
investigated by the Delhi Special Police Establishment.
5. Extension of powers and jurisdiction of Special Police
Establishment to other areas –
(1) The Central Government may be order extend to any area (including Railway areas)
in a State not being a Union Territory, the powers and jurisdiction of members of the
Delhi Special Police Establishment for the investigation of any offences or classes of
offences specified in a notification under section 3.
(2) When by an order under sub-section (i) the powers and jurisdiction of members of
the said police establishment are extended to any such area, a member thereof may,
subject to any orders which the Central Government may make in this behalf, discharge
the function of a police officer in that area and shall, while so discharging such functions,
be deemed to be a member of a police force of that area and be vested with the powers,
functions and privileges and be subject to the liabilities of a police officer belonging to
that police force.
(3) Where any such order under sub-section (i) is made in relation to any area, then,
without prejudice to the provisions of sub-section (ii) any member of the Delhi Special
Police Establishment of or above the rank of sub-Inspector may subject to any orders
which the Central Government may make in this behalf, exercise the powers of the
officer in charge of a police station in that area and when so exercising such powers,
shall be deemed to be an officer in charge of a police station discharging the functions of
such an officer within the limits of his station.
6. Consent of State Government to exercise of powers
and jurisdiction –
Noting contained in section 5 shall be deemed to enable any member of the Delhi
Special Police Establishment to exercise powers and jurisdiction in any area in a
State not being a Union Territory or Railway area, without the consent of the
Government of that State.
Relationship with consitutional court.
From here the relationship of the CBI starts with the constitutional courts.
The consent of State Government would not be necessary if the direction to conduct
investigation is given by the Hon’ble Supreme Court or Hon’ble High Court to the CBI.
Usually if in a given case, a case is made out before the High Court or Supreme Court that :
•the investigation is not proceeding properly
•or is being influenced by outside authority
•If the larger public interest demand and the investigation has not been fair, impartial or
suffers from incredibility.
Then Hon’ble High Court or Supreme Court has power to order that the investigation of case
to be transferred to CBI and
CBI will proceed thereafter in accordance with law.
Section 6 of the Act would not come in a way of High Court Order.
DETAILS OF CASES REGISTERED BY CBI, MUMBAI ON
THE ORDERS OF THE HON’BLE HIGH COURT OF
BOMBAY W.E.F. 2006
Sl. RC.No./DOR/ U/Sec.
Allegation in Brief
No
1
RC.12/S/2006-Mum.
The Hon’ble High Court of Judicature at Bombay
DOR. 3.7.2006
vide order dtd.4.4.2006 passed in Criminal Writ
U/sec. 363 & 365 IPC. Petition No. 2795/2005 ordered to transfer the
investigation of the case registered vide FIR No.
78/2005 of Malvan P.S., Dist. Sindhudurg to CBI.
Hence RC. is registered and taken up for
investigation. Shri Ramesh Narayan Govekar, an
active worker and campaigner of Shiv Sena party
is missing since the wee hrs.of 11.11.2005 from
Wayari Road Office of Shiv Sena Shaka.
Sl.
No
RC.No./DOR/ U/Sec.
2
RC.13/S/2006-Mum.
DOR. 31.8.2006
U/sec. 372 & 373 IPC
and U/sec.3,4, 5 & 6 of
Immoral Trafic
(Prevention) Act 1956
3
PE.2/S/2006-Mum.
DOR. 27.10.2006
--
Allegation in Brief
The Hon’ble High Court of Judicature at Bombay vide
Order dated 29.08.2006 in Criminal Writ Petition No.
1694 of 2003 filed by PRERANA, an NGO, transferred
the investigation of F.I.R.No.223/03 dated 2.9.2003 at
Police Station V.P.Road, Mumbai, relating to the 9 minor
girls rescued from the brothel at Santacruz, who were
subsequently released, & directed the CBI to trace out all
the missing girls & the persons who procured them &
sold them to brothel keepers for the purpose of being
used and exploited for prostitution.
The Hon’ble High Court of Judicature at Bombay in Crl.
WP.No.1668/2006 filed by Mohmed Kasim Ali Mohmed
Munna Ali R/o A-35, Laxmi Garden, Loni, District
Ghaziabad, Uttar Pradesh against State of Maharashtra
& Others vide its order dated 13.10.2006 has directed
CBI to register the offence in the matter that the victim
minor girl is illegal migrant from Bangladesh who was
allegedly trafficked by the Petitioner himself.
Sl.
No
4
RC.No./DOR/ U/Sec.
Allegation in Brief
RC.1/S/2007-Mum.
DOR 21.2.2007
U/Sec. 344, 363, 366-A, 372,
373 & 34 IPC r/w Sec.3, 4, 5
& 6 of PITA, 1956.
On the basis of a complaint of Shri. Krishnadev Patil, PI, Crime
Branch, Unit-1, Pune City, the Faraskhana P.S. had registered
Case No.68/06 dated 8.4.06 U/Sec. 344, 363, 366-A, 372, 373,
34 IPC and Sec.3, 4, 5 & 6 of Immoral Traffic (Prevention) Act. A
raid was conducted by officials of Crime Branch, Pune City at
994, Budhwar Peth, New Building, Pune in which 6 minor girls
including one Najma Shakil Shaikh were rescued & 4 accused
women were arrested. All the minor girls were sent to Govt.
Rehabilitation Centre, Pune for further necessary action.
Thereafter, Mohammed Kasim Ali Mohammed Munna Ali had
filed a Habeas Corpus Petition vide Crl.WP No.1668/2006
praying the Hon’ble High Court to interfere and grant him the
custody of his estranged wife Smt. Najma Shakil Shaikh who had
left him after a small domestic dispute with her and subsequently
traced at the aforesaid brothel in Pune. During hearing of the said
writ petition, the Hon’ble High Court of Judicature at Bombay was
not satisfied with the claim of the Petitioner that he is the
husband of the girl, Ms. Najma Shakil Shaikh and refused to
grant custody of the girl to the Petitioner and further directed CBI
to enquire into the matter as prima facie the Hon'ble High Court
was satisfied that the victim minor girl was an illegal migrant from
Bangladesh who was trafficked.
Sl.
No
5
RC.No./DOR/ U/Sec.
PE.1/S/2007-Mum
DOR. 27.2.2007
--
Allegation in Brief
The Hon'ble High Court Judicature at Bombay vide its order dt.
14.2.2007, passed in CWP No.1945/06 (Advait Foundation V/s
Adoption Cell) directed CBI to conduct a Preliminary Inquiry on
the basis of the material furnished by CNN-IBN News Editor. The
material so handed over consist of two Compact Discs revealed
that a Special Investigation Team of the CNN-IBN had conducted
investigation for about 6 months regarding illegal trafficking of
children by the various Indian Adoption Agencies including "Preet
Mandir" based at Pune, Maharashtra, "Global Village" at
Rourkela, Orissa and "Sahayog" at Delhi etc. with special focus
on Preet Mandir. The members of the investigation team
approached these agencies under the guise of NRI couple
wanting to adopt a child. During the said exercise, they interacted
with Sh.J.S.Bhasin, Managing Trustee of Preet Mandir, Pune and
during their conversation with Sh. Bhasin and other social
workers of the said agency, they detected the grave malpractices being committed by the functionaries of the said agency
having alleged nexus with Central Adoption Resource Agency
(CARA), New Delhi. Indian Council for Child Welfare (ICCW),
Indian Council of Social Welfare (ICSW), Mumbai and
Department of Women Child Development (DWCD), Mumbai.
Sl.
No
RC.No./DOR/ U/Sec.
Allegation in Brief
6
RC.2/S/2007-Mum.
15.3.2007
U/Sec. 302 & 34 IPC
The Hon’ble High Court of Judicature of Bombay, Bench at Aurangabad vide
Order dated 23.2.2007 in Crl.W.P.No.646 of 2005 filed by Smt.Rajni Vishram
Patil transferred the investigation of Cr.No.242/2005 of Zilla Peth Police
Station to CBI relating to the murder of Shri Vishram G Patil, husband of the
petitioner, on 21.9.2005 at Manraj Park, Jalgaon.
7
RC.4/S/2007-Mum.
17.5.2007
U/sec. 451, 380 & 427 r/w. 34 IPC
The Hon'ble High Court of Judicature at Bombay vide orders dated
22.11.2006 and 02.04.2007 passed in Criminal Writ Petition No. 1886/2006,
filed by Sh. Lal Chand Ram Dayal Soni r/o. Flat No. C-8, Om Satnam
Coop. Housing Society, Plot No. 583, 3rd Road, Khar (West), Mumbai-52,
directed CBI to investigate into the case FIR No. 281/2006 dated
14.07.2006 registered in PS. Khar, Mumbai u/s. 451, 380 & 427 r/w. 34 of
IPC.
It is alleged by the Petitioners that on 30.9.2005, when they had gone to
Chennai, in their absence, the accused persons demolished some
authorised portion of their flat No.8 & 12 in Om Satnam CHS , Road No.3,
Khar (W),Mumbai in the disguise of BMC. They have also alleged that
articles amounting to Rs.2 lacs approx. were stolen.
Sl. RC.No./DOR/ U/Sec.
No
8
RC.1/S/2009-Mum.
20.3.2009
U/sec. 302 IPC &
Sec.3, 25, 27 of Arms
Act.
Allegation in Brief
The Hon’ble High Court of Judicature at Bombay
vide its Order dated 23.10.2008 passed in Crl.W.P.
No.81/2008 filed by Smt. Anandibai Pawanraje @
Bhupalsingh
Nimbalkar,
transferred
the
investigation of Crime No.220/2006 PS. Kalamboli
registered U/sec. 302 IPC from Crime Branch,
Navi Mumbai to the CBI. It is alleged that Shri
Pawanraje Nimbalkar,who was a leader of the
Congress (I) Party, was murdered in broad
daylight on 3.6.2006 in Navi Mumbai, near
Kalamboli Steel Market, Near Bombay Pune
Express Highway, when he was proceeding from
Mumbai to Pune in his car with his driver. Both
Shri Pawanraje Nimbalkar and his driver, Shri
Samad Kazi, were shot dead by some unknown
persons.
Sl.
No
RC.No./DOR/ U/Sec.
Allegation in Brief
10
PE.1/S/2009- Mum.
7.9.2009
--
The Hon’ble High Court, Mumbai vide Order dated 10.6.2009
passed in Writ Petition No.1209 of 2007 directed “The Central
Government to consitute a Special Team headed by a DIG rank
police officer to examine all the cases of forged degree which
have come to the notice of the State as well as other cases which
have not been noticed as well.” In view of the direction of
Hon’ble High Court, a PE is registered for conducting enquiry into
bogus degree which have come to the notice vide Writ Petition
No.1209 of 2007.
11
RC.4/S/2009-Mum.
27.11.2009
U/Sec. 302, 201, 330 IPC
The Hon’ble High Court of Judicature at Bombay, vide Order
dated 16.10.2009 in Criminal Writ Petition No. 2613 of 2009 filed
by Smt. Mehrunisa Kadir Shaikh, has directed CBI to register a
criminal case pertaining to the death of her son Altaf Kadir Shaikh
for offences under section 302, 201 and 330 of IPC.
Subsequently, the Hon’ble Supreme Court of India vide Order
dated 23.11.2009 in Special Leave Petition (Crl.) No. 2952 of
2009 has directed CBI to register First Information Report
regarding the death of Altaf Kadir Shaikh & to investigate the
same.
Sl.
No
RC.No./DOR/ U/Sec.
Allegation in Brief
12
RC.6/S/2009-Mum.
24.12.2009
U/sec. 302 IPC
The Hon’ble High Court of Judicature at Bombay vide
Order dated 17.12.2009 passed in Criminal Writ Petition
No. 1576 of 2009 filed by Shri Rajendra Singh Jamwal,
Lt. Col. (Retd.) has transferred the investigation of Crime
No. 36/2009 of Oshivara Police Station, Mumbai U/Sec.
302 IPC to CBI.
13
RC.2/S/2010-Mum.
22.1.2010
U/sec. 147, 148, 149,332,
506(2) IPC
As per Orders of the Hon’ble Bombay High Court dt.
08.01.2010 passed in Criminal Writ Petition No. 1074 of
2009, CBI/SCB/Mumbai has registered this case and
further investigation of Crime No. 167/2005 of Kalwa
Police Station, Distt. Thane is taken up.
14
RC.3/S/2010-Mum.
22.1.2010
U/Sec. 302, 304, 307,
147 and 149 IPC.
As per Orders of the Hon’ble Bombay High Court dated
8.1.2010 passed in Criminal Writ Petition No. 1074 of
2009, CBI/SCB/Mumbai has registered this case and
further investigation of Crime No. 69/2009 of Kalwa
Police Station, Distt. Thane is taken up.
Section 6A. Approval of Central Government to conduct inquiry or
investigation -
(1)The Delhi Special Police Establishment shall not conduct any inquiry
or investigation into any offence alleged to have been committed under
the Prevention of Corruption Act, 1988 (49 of 1988) except with the
previous approval of the Central Government where such allegation
relates to –
(a) the employees of the Central Government of the Level of Joint
Secretary and above; and
(b) such officers as are appointed by the Central Government in
corporations established by or under any Central Act, Government
Companies, Societies and local Authorities owned or controlled by that
Government.
(2) Notwithstanding anything contained in sub-section (1), no such
approval shall be necessary for cases involving arrest of a person on
the spot on the charge of accepting or attempting to accept any
gratification other than legal remuneration referred to in caluse © of the
Explanation to section 7 of the Prevention of Corruption Act, 1988 (49
of 1988).
Recent cases of 6A
Shri Manjeet Singh Bali - 2 Crore Trap case
Shri Manoj Malaviya – abuse of official
position and obtaining facilities from private
airlines.
CBI investigation is conducted
under the frame work of Criminal
Procedure Code
1. FIR is registered under 154 Cr.P.C.
2. PCR and JCR are obtained u/s. 167
Cr.PC.
3. Final Report / Charge Sheet are filed
U/s. 173 of Cr.P.C.
THANK YOU
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