• UGI USER
  • May 09, 2024
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CENTRE ASSERTS AUTHORITY OVER CBI, DISPATCHES IT FOR STATE PROBES

Why in the news?

The Supreme Court questions the government’s control over CBI, citing legal provisions. Judgement reserved on West Bengal’s suit involving CBI’s status.

source:examalert

About the Supreme Court Questions Government Authority over CBI:

  • The Supreme Court raised doubts over the government’s claim of having no control over the CBI, questioning who else could authorise the agency to conduct investigations in states.
  • Section 5(1) of the law grants the Central government the power to extend CBI’s jurisdiction to any area in a state, indicating the government’s authority in defining the agency’s powers and jurisdiction.
  • The court reserved its decision on the validity of an original suit filed by West Bengal, which sought to amend the suit to make the CBI a defendant, highlighting complexities surrounding CBI’s status in legal disputes.
About Central Bureau of Investigation:

  • Recommended by Santhanam Committee, a premier investigating agency.
  • Originated from the Special Police Establishment in 1941.
  • Established officially in 1963 under the Ministry of Home Affairs.
  • Derives powers from the Delhi Special Police Establishment Act, 1946.
  • Non-statutory body.
  • Currently operates as an attached office under the Ministry of Personnel.

About The Delhi Special Police Establishment Act 1946:

  • The Delhi Special Police Establishment Act was passed in 1946.
  • It grants authority to the CBI for investigative purposes.
  • The Act was amended by the Delhi Special Police Establishment (Amendment) Bill, 2021.
  • This bill replaced the Delhi Special Police Establishment (Amendment) Ordinance, 2021.
  • The Act mandates the establishment of the Delhi Special Police Establishment for authorised criminal investigations