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 ANY QUESTIONS ?