What is CBI ?

Subsequently, the matter was handed over to the Central Vigilance Commission which is still probing it. The allegations and counter allegations went on between groups led by Asthana and Verma

The CBI owes its origin to the Delhi Special Police Establishment, established in 1941, to enquire into cases of corruption in the procurement during the Second World War.

1969: With the Nationalization of many Banks then, the bank employees also came under the ambit of CBI’s investigative powers.

Later, based on the recommendations of the Santhanam Committee on Prevention of Corruption, CBI was established by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office.

Central government passed a resolution dated 1/4/1963 and named it as Central Bureau of Investigation (CBI). Thereafter all central government offices, PSUs as well as nationalized banks were subsequently brought within the ambit of its investigations.

In a first-of-its-kind case, Asthana was charged under criminal conspiracy, corruption and criminal misconduct. Apart from Asthana, Deputy Superintendent of Police Devender Kumar, Manoj Prasad and Somesh Prasad, the purported middlemen, and other unknown officials were booked under Section 13 (2) read with Section 13(1)(d) (criminal misconduct) of Prevention of Corruption Act and Section 7 (public servant taking gratification other than legal remuneration in respect of an official act) .

Hyderabad-based businessman Sathish Babu Sana had complained that he met several middlemen in New Delhi and Dubai.

The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.The CBI is the main investigating agency of the Central Government.

The main concern of the CBI is to deal with corruption cases and financial frauds committed by any one serving under the central government, directly or indirectly.

It plays an important role in the prevention of corruption and maintaining integrity in administration. It works under the overall superintendence of Central Vigilance Commission in matters related to the Prevention of Corruption Act, 1988.

. An investment banker Manoj Prasad had assured him that he would get relief from CBI summons if he agrees to pay Rs 5 crore as bribe, according to a statement given by Sana before a magistrate under Section 164 of Criminal Procedure Code on October 4 and October 16. Sana also claimed that Prasad assured him that his brother Somesh looks after investments of Asthana in London.

CBI became the national investigative agency taking up various cases of corruption, irregularities in various central government offices on selected basis. CBI through time acquired a special status and importance by the nature of cases it handled. At present it is headed by a Director who is a DG level IPS officer, Sh D.P.Kohli was its first Director.

The Anti-corruption unit of the CBI registered the FIR based on these claims as the statement recorded before the magistrate are considered a confessional statement and the probing agency has the rights to file a perjury case. Prasad was arrested by the agency on October 16. Sana, however, mentioned in his statement that he did not meet Asthana

Though the main task of the CBI is to investigate cases of corruption, it has to open a separate department to deal with banking offences, which also include the offences concerning financial institutions.

The CBI is headed by a Director. He is assisted by a Special Director or an Additional Director. Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.

One may wonder and question the necessity of having CBI when law and order is the prerogative of the state governments as per the Constitution of India. To make a long answer short

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS New Delhi, the 1st April, 1963 RESOLUTION The Government of India have had under consideration the establishment of a Central Bureau of Investigation for the investigation of crimes at present handled by the Delhi Special Police Establishment

Rakesh Asthana, the number 2 in the CBI hierarchy, is Gujarat-cadre IPS officer. He was the head of the Special Investigating Team of CBI. This team probed high-profile cases such as AgustaWestland chopper scam and loan fraud by business tycoon Vijay Mallya.

the CBI has to step in when the state police is unable to investigate some individual cases due to various reasons. The reasons may include complications arising from interstate and international crimes and politically sensitive issues.

The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.

Subsequently, in 1987, CBI constituted two investigation divisions, namely, Anti-Corruption Division and Special Crimes Division, the latter dealing with cases of conventional crime, besides economic offences.

. The team has been investigating the Moin Qureshi case. According to PTI report, Asthana in the letter to the Cabinet Secretary had mentioned about 10 instances of alleged corruption by Verma. Asthana claimed that Sana paid the CBI chief Rs 2 crore to get a clean chit in the case.

The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003 (Vineet Narain Case). The CVC Act also provides the mechanism for the selection of the Director of CBI and other officers of the rank of SP and above in the CBI.

The role of CBI also widened as well as became vital and at times controversial with the assignment of investigation of various other types of crimes to it by various other central government bodies as well as by various High Courts or Supreme Court as CBI was considered to be more efficient investigator as compared to the police or other such agencies.

The CBI also acts as a nodal centre for the Interpol in India. The Interpol is not an investigative agency but a facilitator that helps member countries in dealing with international crimes and absconders.