Changing Role of Investigating Agencies in Recent Times: With special reference to CBI

I. Introduction

Rule of law is the basis for the existence of State and maintenance of peace, law and order in the society. It is the present day modernized name for natural law. It entails certain principles, such as equality before law, priority of rights of individuals, absence of arbitrary power, which lays the foundation for every country ‘s internal security. In a democracy, maintaining social law and order is at the heart of governance. The safety and security of its citizens is of supreme importance to any Nation. No one can afford to realise the sense of insecurity and destruction of civilized structure of the society. The burden to protect the individual ‘s life and to enforce the law of the land lies on the military, police and other significant intelligence agencies of a country. For this purpose, India has a well set-up structure with police at its heart.

Assisting the State Police there are other agencies and organizations responsible for the smooth functioning of the state, like the Intelligence Bureau, the Central Bureau of Investigation, Crime Investigation Department of different States and various other preventive and enforcement organizations. These agencies form an essential segment of the criminal justice system that keeps the society civilized and away from anarchy. For the purpose of executing and delivering justice along with maintenance and protection of the security of a country, which follows the rules of democracy, what is required is the establishment of a system facilitating transparency as well as a flexible legitimate framework describing the powers, authorities, jurisdiction and autonomy to be exercised by the police and security forces and other strategic organizations.² To be able to function under the protective umbrella of the government rules and an appropriate statute empowers the officials of distinct investigating and intelligence organizations and thus facilitate in the administration and governance of a crime free society.

The Central Bureau of Investigation (CBI) is the premier investigatingagencyofIndia. Operating under the jurisdiction of theMinistry of Personnel, Public Grievances and Pensions(India), Originally set up to investigate bribery and governmental corruption, in 1965 it expanded jurisdiction to investigate breaches of central laws enforceable by theGovernment of India, multi-state organised crime, multi-agency or international cases.³ The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other cases. CBI is exempted from the provisions of theRight to Information Act.^[5]CBI is India's officially designatedsingle point of contactfor liaison with theInterpol.^[6]

II. Criminal justice system in india and special investigation agencies

It is a known fact that every country of this world has its own legal setup, which aims for a nation whose inhabitants are free from any kind of fear of crime. A legal system recognizes certain rights, prescribes duties upon people and also provides the means of enforcing the same. The legal system enforces the same does it through a machinery. This machinery is termed as Law Enforcing Machinery. It includes of Judges, Advocates, para legal personnel as well as various investigating agencies like the Police, Central Bureau of Investigation, Criminal Investigation Department of States and many other preventive and enforcement agencies. Together this machinery helps in combating the crime and the criminals.

Normally, when a crime is committed, the police concerned of that jurisdiction in which the crime has occurred is responsible for bringing the culprits to the notice of the law. But sometimes there are situations in which crimes of very complex nature and which are related with larger public interest need to be investigated. In such cases, either the police itself feels that such investigation is not their cup of tea or the law Suo motto hands over the case to ―Special Investigating Agencies. Here comes into the picture the need of Special Investigating Agencies.

The Special Investigating Agencies have to work in a particular legal framework which comprises of various acts such as the Indian Penal Code, 1860 (I.P.C.), Evidence Act and Criminal Procedural Code (Criminal Procedure Code, 1973 (Cr.P.C.)) and other special Acts. The Special Investigating Agencies have to move stepwise in a staircase known as the legal framework. If a step is not taken with utmost care, the legal setup can be distributed and its tremors can be felt all over. For the regulation and guidance of the law implementing machinery the father of all laws i.e. ―Constitution of India has been provided, which governs the principles and procedures according to which the law implementing machinery works.

All the different investigating agencies have been equipped with wide range of powers for combating the crime and the criminals. But only the proper and effective use of such power lead to an effective investigation. Abuse of powers will lead to dissatisfaction and lack of trust among the individuals of the society. Role of such investigating agencies is wide, much far from the thinking of a layman.⁴

The role of Special Investigating Agencies cannot be diminished at any cost. We know that the Central Bureau of Investigation (CBI), Criminal Investigation Department (CID) and other enforcement and preventives forces have to play a very crucial role in the enforcement of law. Their working has to be very effective because they are the protectors of life and liberty of the subjects of the country. It is bounden duty of the investigating agencies to work efficiently, particularly the Special Investigating Agencies which have been provided with extra powers. It is very obvious that in certain situations of criminality, the society looks forward to these agencies. For the purpose of maintaining law and order in the society, certain other agencies also come under the special investigating agencies like the Central Vigilance Commission (CVC), Enforcement Directorate etc. In fact, the Special Investigating Agencies have helped unearthed many conspiracies which are hatched at International levels and have helped even in apprehending national and International Criminals.

(A) Investigation agencies in india

Each and every nation in this world has its own legal system, which aims to protect and secure its subjects. The present law enforcement structure has evolved after a considerable time of transition. The enforcement of law and intelligence is a projection and outcome of military as well as national security intelligence. The intelligence involving military issues goes back to age old times while the intelligence concerning to security issues was imbibed for use in the execution of laws post the II World War. More recently, the term 'Intelligence' has been incorporated into local structure of law implementation and public safety organizations as a component of the intelligence driven policing. Investigation is the bedrock of any criminal justice system and it is, therefore, most crucial component to run the administration. Any investigation speaks only with evidence.⁵

Truth stands proud in a court of law only on the solid and sound foundation of evidence. Any flaws or defects in investigation are fatal and cannot be corrected by any judiciary, however, committed to justice and truth.

All the law enforcement organizations have a significant part in the modification and evolvement of national intelligence operations. Police, being the primary organization of law enforcement, is a crucial component of criminal justice. At the point when any crime occurs, the police division of that area where it has been administered is given the charge to bring the guilty to the attention of the concerned law. In any case, there may emerge circumstances where the violations of complex nature of crimes that influence a wider sphere of individuals are required to be investigated. They may differ from specific crime to financial scams or economic frauds etc. In such situations either the state police or the relevant courts Suo motto hands over the case to special investigating agencies. Also, with the advent of civilization and further globalisation, there is a gradual increase in the rate of crime among society. This effected more responsibility on the enforcement agencies. The investigating agencies are a vital ingredient of the criminal justice system and are responsible for controlling, supervising and monitoring crime in the society.

Today, Intelligence and investigating organizations generally deliver the following services for their National governments:

• Providing the service of investigation in regions pertinent to national security;
• Giving advance warnings of imminent emergencies;
• Serving domestic and global emergency management by providing help to detect the goals of present and potential rivals;
• Apprise the national defence planning and military activities;
• Secure sensitive secret information, their relevant sources and exercises, and those of other state organizations; May act covertly to influence the final outcome of events in favour of national interests, or influence international security; and
• Defence against the efforts of other national intelligence agencies (counterintelligence).

(B) Indian Intelligence System; Evolution of Central Bureau of Investigation

In ancient India traditions, customs, Intelligence has consistently been a significant piece of statecraft. Spy technique had a fundamental impact in the Mauryan Kingdom. Secret intelligence organizations in India were not seen of as an instrument of mistreatment rather they were seen as a tool of authority. The secret agents’ spies were respected to be the eyes of the ruler'. In Chanakya's Arthashastra, the secret service division turned into a customary element of the state and was coordinated in the most regular manner.⁶

In the present time, a country relies on its military as well as on its intelligence agencies to counter externals well as inner threats. Intelligence agencies provide the defensive shield for a nation. Law implementation and intelligence pursuits and functions leave upon the most essential element of a person's life

The Indian Intelligence framework arose as an increase of the Indian police network and didn't develop out of a very much arranged or definite administrative policy. During the initial periods of the World War-II, the

Government of India felt that the broad development expenditure in the use relating the war had facilitated scope for unethical and rebellious individuals, the this prompted them to indulge in acts of bribery and corruption at the cost of public and the Government and this incited them to enjoy demonstrations of pay off

and defilement at the expense of public and the Government⁷ . It was seen that Police powers and other Law Enforcement agencies of the State Governments were not in a state to manage the emerging issues. Accordingly, the Special Police Establishment (SPE) was set up, by an executive order passed by the Union Government in 1941. The mandate of the Establishment was to conduct lead examinations of instances of misconduct and corruption in dealings with which War and Supply Department of the Indian Government was concerned.

To characterize and define the legitimate and lawful authority of the police officials employed in the SPE, the Government of India enacted an Ordinance in 1943, through which a Special Police Force was set up for the purpose to investigate specific issues in connection and regarding the departments of the Central Government.

In 1946, the Delhi Special Police Establishment Act (DSPE) was promulgated by the Government to give the Establishment a legal and statutory status. The administration of the SPE was given to the Department of Home Affairs and its working was extended to cover all the branches of the Union Government. The zone of Special Police Establishment was enlarged and developed to cover all the Union Territories and could be stretched out to different regions, including the Railways and States, given the State Governments accords approval under Section 6 of the DSPE Act, 1946.

The Special Police Establishment was authorized to direct investigation of offenses cases under 91 separate provisions of Indian Penal Code, 1860 and sixteen of the National Legislations alongside offenses that fall under the Prevention of Corruption Act, 1947 by the year 1963. A need was acknowledged for a Central Police Agency at the disposal of the Government of India that would examine the offenses of misconduct and corruption in addition to infringement of Central monetary laws, scams concerning the Central Government sector, open business entities, issues of fake international identity proofs, offenses of the high seas, violations on the airlines and genuine violations perpetrated by criminal groups and habitual offenders. The Establishment gave a premise on which the Central Bureau of Investigation was set up in 1963, through a Resolution of the Home Ministry of the Government of India.

In India, the intelligence agencies need to work in a legal framework which involves different acts, for example, the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and Criminal Procedure Code, 1973 etc. In spite of the fact that the extraordinary power is facilitated with certain powers under these enactments to combat the crime and criminals, yet just the appropriate utilization of such powers prompts a viable working of such organizations. role of such agencies is wide, much a far from the thinking of a layman. Various special investigating organizations, for example, the Central Bureau of Investigation, National Investigating Agency,

Enforcement Directorate and so on to give some examples have an indispensable job in the implementation of law. The working of such organizations must be effective since they are the protectors of life and freedom of the individuals of our nation.⁷

(C) Legal status of CBI

The Central Bureau of Investigation is the main and premier investigating agency of India. It appears in the Union List of the Seventh Schedule of the Constitution of India. It is listed at Serial No Eight of the List as Central Bureau of Intelligence and Investigation. Taking into consideration the significance that the framers/drafters of the Constitution appended to this agency, it is undoubtedly amusing that the working of the CBI is as yet directed by an astoundingly outdated enactment, which was passed during British rule.

The Central Bureau of Investigation gets its powers from the Delhi Special Police Establishment Act of 1946. The supervision over the organization is vested with the Government of India and to deal with the cases under the Prevention of Corruption Act, 1988 the administration vests with the Central Vigilance Commission (CVC) ⁸.

The Government of India may by executive Order expand the authorities and jurisdiction of the Central Bureau of Investigation to any area, which includes Railways for investigating the offences. The powers and purview of the officers of the Special Police Establishment are enlarged to cover any zone, areas, subject to the Orders that the Central Government for dispensing the duties of a Police Officer in that area and, while exuding such functions, will be regarded as if he is an official belonging to the concerned Police Force and be vested with the powers, duties and benefits and be subject to the liabilities of a police official belonging to that particular police unit.⁹ Law and Order is a State concern and the primary jurisdiction to investigate offences vests with State Police. CBI has power to investigate the following:

• Matters where the government officials under the command of the Union Government an involvement either independently or along with official of State Government or any other individuals.
• Matters where the interests of the Central Government or of any public sector plan or undertaking, or any statutory body or corporation established and funded by the Central Government are concerned
• Cases involving the infringement of National Laws the enforcement of which is required by the Central and States Governments such as the violation of import and export control orders, passport frauds, crime on the high seas and offences on the airlines, etc.
• Consequential cases of fraud, cheating and embezzlement that are related to Public Joint Stock Companies.
• Other offences of heinous nature, when perpetrated by organized groups or hard-core offenders, or cases having ramifications in different States, including Union Territories, crucial issues of narcotics, etc. In the recent times, the scope of the agency has extended to a large extent, the mode and rate of crime which is essential to investigate have considerably changed, the political situation in which it works has been altered and the expectations of the people from the investigating and intelligence organizations have grown. The norms and quality of investigation conducted by the police forces all over the world has also transformed and modified.

(D) Functioning of CBI

In the recent years, the Central Bureau of investigation has developed as a premier and leading Investigating

Agency of the nation, which possesses the trust of the individuals, the Parliament, the Judicial sector and the Government. Director, Central Bureau of Investigation¹⁰i.e. Inspector General of Police under the DSPE, is answerable for the management and governance of the organization. In the last 75 years, the organization has developed into a multifaceted, multi-disciplinary investigation organization with capacity, reliability and legal authority to investigate and prosecute offences in India. Presently, Central Bureau of Investigation has the following heads/Divisions:

• The Anti-Corruption Division
• The Economic Offences Division
• The Special Crimes Division
• The Directorate of Prosecution
• The Administration Division
• The Policy and Coordination Division
• The Central Forensic Science Laboratory

Legitimate framework is the spine for any significant undertaking of the government. It is required much more where the law implementation and intelligence organizations of the state are concerned. India has adopted unusual strategy with respect to this. The premier investigation agency of the country, i.e., the Central Bureau of Investigation, the Intelligence Bureau and the Research and Analysis Wing portray a position wherein there is no law to follow. Moreover, there is no legal framework that can administer and observe these offices and their working. Without a doubt, even there are no securities that can balance ―political mediations‖ from impacting and diverting the examinations directed by the central organization. The historical background of India is a proof of such impediments by various ruling governments in the working of these associations. With the passing of National Investigation Agency Act, 2008 (NIA), a couple of steps have been initiated for establishing a legitimately defined centralised organization. recently, in July 2019 the Parliament amended the NIA Act of 2008 and its viability and enforcement are yet to be seen. At the point when the Centre encroaches upon the authority of the states, constitutional catastrophe and conflicts are expected to appear. ¹¹

The tragic attack on Mumbai on November 26, 2008 brought to the attention of the law enforcing agencies on the multiplex of security challenges that confront India, which can possibly derail its financial and social advancement. In the aftermath of that attacks, the working of India's security and intelligence organizations and their capacity and infrastructural framework to address the new rising challenges was broadly thought of.

There is a pressing requirement to achieve fundamental changes in the criminal justice system to manage the number of issues and challenges that swarm an old structure, at first proposed to satisfy the intentions of the colonial powers, and that are not in congruity with the progressive objectives of post-colonial India. The political economy of the country today, soured by globalization and neo-liberal inspiration, is permitting the expansion of radical violence, terrorism, extensive monetary frauds and tax evasion, cyber wrongdoings, corporate and environmental violations, human trafficking, ethnic cleansing and the crime against the less privileged of the society on a scale not seen earlier. psychological warfare, broad money related cheats and tax avoidance, digital bad behaviours, corporate and ecological infringement, illegal exploitation, ethnic purging and the wrongdoing against the less advantaged of the general public on a scale not seen before.

Over the years significant consideration and discussions has been made on the limitations and the need of reforms of the Central Bureau of Investigation. A Committee under L.P. Singh was setup in 1978 to look into the affairs of Central Bureau of Investigation and the Intelligence Bureau. The Committee suggested the enactment of a comprehensive central legislation to remove the deficiency of not having a central investigative agency with a self-sufficient statutory charter of duties and functions. The 19th Report of the Parliamentary Standing Committee of 2007 and 24th Report of the Parliamentary Committee of 2008 have too emphasised on shortcomings and reforms of the CBI.¹²

The Draft Central Bureau of Investigation Act, 2010 was proposed according to the Article 246 of the Indian

Constitution. The aim of the suggested enactment was to implement a law to govern and administer the Central Bureau of Investigation in consonance to the provisions of Article 246 of the Constitution of India, Entry No. 8 in the Union List of the Seventh Schedule. The CBI should be empowered, to Prevent, Investigate and Prosecute Offenses or Classes of Offenses related with the issues in the Union List all through the region of India and furthermore to Investigate and Prosecute Offenses or Classes of Offenses related with the issues in the Concurrent List of the Seventh Schedule of the Constitution of India in the Union Territories‖.

The proposed Bill never saw the light of the day. A select committee of the Rajya Sabha was figured in 2011 to consider the Lokpal Bill and furthermore recommended that excellent changes are needed to be made in the working of the Central Bureau of Investigation to make sure about its freedom and independence. The changes additionally proposed about the procedure of recruitment and command to be administered over the premier investigating agency.

III. Changing role of central bureau of investigation

In the present sphere, CBI lacks independence, infrastructure and the legal competence to engage in tasks like the Federal Bureau of Investigation. CBI and other premier investigating agencies need to be freed itself from the yoke of the executive, both the political and the bureaucratic.

The investigating agencies should authorize and implement the laws even-handedly, fairly, solidly and carefully. Sadly, these have been unsuccessful to storm the bastion of powerful and corrupt, due to their choked mentality that they need to protect the affluent and unethical. Presently the organizations feel defenceless, directionless and in a manner nearly non-practical in matters concerning the upper echelons of the general public, especially in defilement related cases.

The panel, associated with the Ministry of Personnel, Public Grievances, Law and Justice under which the Bureau falls, in its report has prescribed that an anti-terrorism branch in the CBI ought to be made to offer consideration regarding avoidance of terrorist assaults.

The Panel additionally recommended that the CBI be made the coordinating office since the time insight information is received. It ought to be made to function with the other intelligence offices and afterward naturally be permitted to operate with the state police forces for the avoidance of assaults. The panel gave a significant understanding that the state police agencies must consider CBI as a supportive institute and not as a disruptive or competitive one.

More recently the spat between the top two officials of the CBI, Mr. Alok Verma and Mr. Rakesh Asthana are a reminder of the institutional damages CBI is suffering from. The historical trajectory of a nation is determined by the credibility and the quality of its institutions and CBI is time and again criticized for it being vulnerable to political influences.¹³

One cannot deny such condemnation to be entirely influenced or as a sign of the crudity of governmental issues. There is a proportion of truth in this indictment of politicization of the investigating organization. Having a group of dependable officers on deputation who guarantee with their probes that the investigations are protected from outer influences and this will help in re-establishing the credibility and reputation of CBI. The Bureau accompanied by a suitable statutory support will empower the organization to assume a dynamic position in accumulation of insight, establishing institutional memory and enlarging the scope.¹⁴ Indeed, even a legendary organization, the Federal Bureau of Investigation was as of late enduring an onslaught while examining cyber misconduct by Hillary Clinton (Democratic Presidential competitor). Such occasions can be unsettling however they can't be permitted to divert or irritate the self-confidence of the head Agencies. The FBI too comes across overwhelming difficulties from progressively unpredictable global situations. In spite of the fact that the organization has made various upgrades to its counterterrorism mission since the September 11, 2001 terror attacks the Report of the 9/11 Review Commission35 have identified several weaknesses, comprising of the requirement for improved techniques of intelligence analysis and accumulation, to respect the staff of intelligence analysts as a feature of the "professionalized workforce‖. It is observed that the successive changes in the authority system hinders the speed of progress, and that the Federal Bureau of Investigation requires greater cooperativeness with the private departments and other organizations to manage and tackle cyber related threats.

The primary role of any government should be to maintain the credibility of its institutes specially the ones accountable for the governance of criminal justice in the society. Today, the difficulties looked by the most dominant agency urgently need to be dealt with in order to achieve the developing and progressively complicated domestic security issues, including from versatile and growingly technically equipped terrorists, oppressors, increasingly unethical computer programmers, and the worldwide cyber syndicates.

(A) Politicisation of Central Bureau of Investigation

The politicisation of the Central Bureau of Investigation can be witnessed in the investigation of several highprofile cases has eroded its image in the public eye. A number of cases has been discussed to that emphasised on urgent need for structural reforms in CBI.

The CBI has handled a number of cases which are of significant importance and there are a lot many instances where it can be seen that there is some way or other some political or other reassure which failed the CBI for free and impartial investigation. There are some cases from which it is evident that how CBI role changed with pressure from government and shows the strong nexus between the beurucrets and the politicians. The court has also time and again made observations for the same. ¹⁵ From the very inception of the CBI, the agency is facing the various issue among one is the politicization of the institution. From Bofors case to Bhopal gas leak case¹⁶ and from Hawala Scandle to the famous Vijay Mallya case¹⁷ time and again the working of the agency is been put into question.

Today the Central Bureau of Investigation (CBI) largely acts at the behest of the government of the day. The politicisation of the Central Bureau of Investigation can be witnessed in the investigation of several highprofile cases that has eroded its image in the public eye. A number of cases handled by agency has emphasised on urgent need for structural reforms in CBI.¹⁸

The CBI has handled a large number of cases which are of significant importance and there are a lot many instances where it can be seen that there is some way or other some political or other reassure which failed the CBI for free and impartial investigation. There are some cases from which it is evident that how CBI role has changed with pressure from government and shows the strong nexus between the Beurocrates and the politicians. The court has also time and again made observations for the same.

The CBI is said to be the handmaiden of ruling party as evident from the number of cases. The case involving Mulayam Singh Yadav or Mayawati. Whenever the ruling government wanted to put pressure on them, the CBI was used to pursue the case of disproportionate assets against them. When the politicians came around, the case went cold.¹⁹

Similarly, the raids on Lalu Prasad in fodder scam specially the timing and the manner in which the raids are being conducted are questionable as the state was facing election and Lalu prasad is the chief of the state’s biggest political party and the raids also raises question as the case was registered 10 years ago.

The Supreme Court has slammed the CBI for “failing to live up to its reputation” in a fodder scam case²⁰ involving RJD chief Lalu Prasad, saying there was “intolerable lethargy” in filing an appeal. The CBI acts are depending on the political will of its master. In this case, there is a clear indication that the ruling government influences the working of the CBI.

The CBI in number of high-profile and politically sensitive cases has not been able to cross the hurdle of judicial scrutiny. From the alleged famous corruption cases in the 2G spectrum allocation to criminal matters such as the sensational Aarushi murder case, the probe by the Central Bureau of Investigation (CBI) has come under very sharp criticism not only from the trial courts and high courts but also from the apex court.²¹

The 2G spectrum case²²²³, which had rocked theManmohan Singh-led UPA-II government, led to filing of charge sheets by the CBI in four different matters along with documents running into lakhs of pages but the agency could not able to secure even a single conviction.

In two cases which were dealt with by the special court, the Aircel-Maxis deal and the additional spectrum allocation matter. All the accused were discharged while in the main case involving former telecom minister A Raja and others, all the accused were acquitted. Special CBI Judge O P Saini, who adjudicated all the 2G matters, has also let off the promoters of Essar Group and Loop Telecom.²⁹

In Arushi Talwar case²⁴ the theory propounded by the CBI regarding Aarushi and domestic helper Hemraj had come under a very sharp criticism from the Allahabad High Court which had termed it as “impossible hypothesis” and “patently absurd”. The high court had acquitted Aarushi’s parents, Nupur and Rajesh Talwar, holding that the prosecution had “miserably failed” to prove that the Talwars had destroyed all material evidence. The dentist couple were convicted by a Ghaziabad court in 2013 and sentenced to life imprisonment.

The CBI’s investigation in the politically sensitive Bofors pay-off case the scandal was a multi-million-dollar defence contract irregularities. The Court took the cognizance between various high-ranking politicians, bureaucrats and criminals and court accused CBI for withholding information and doing shoddy investigation. The CBI was also unable to withstand the judicial scrutiny with the Delhi High Court on May 31, 2005 quashing all the charges. The high court had castigated the CBI over its handling of the Bofors case, saying it had cost the exchequer about Rs 250 crore.²⁵

The CBI’s Multi-Disciplinary Monitoring Agency probe into the conspiracy aspect in the assassination case of former prime minister Rajiv Gandhi has recently come under the radar of the top court. In scathing remarks, the apex court has observed that the investigation does not appear to have achieved “much headway” and could be “endless”.²⁶

In the Coal scam case²⁷, the CBI was time and again caught on the wrong foot by the apex court and the special trial court over its investigation. The revelations by CBI have led to Hon‘ble Justice R.M. Lodha admonishing the CBI and making the now infamous remark about the CBI being ―a caged parrot that speaks its masters voice. The Supreme Court further stated that the CBI has ceased to be a professional and non-partisan outfit. The court asked the CBI as "Is (CBI) a collaborator or investigator?" the court warned that it would step in if delinquencies persisted. ²⁸

Similarly, the CBI’s case relating to alleged illegal mining in Bellary in which the agency had charge sheeted Karnataka chief minister B SYeddyurappaand others, also fell flat with the trial court discharging all the accused. And in another case involving the Chief Minister of Karnataka, B.S. Yeddyurappa, who had been charge sheeted by the CBI in the case involving donations made to his trust by miners who obtained contracts.

The court has let off the former CM. The present case raises serious questions as to why didn’t the CBI appeal against the order? The silence is deafening.³⁵

Sister Abhaya murder case²⁹ is example of How Justice delayed is justice Nuntheless and How shoody investigation by 3 CBI teams led to delay of 28 years in convicting the accused. (Court said-certain "invisible hands" were trying to scuttle the Sister Abhaya case of culpable homicide and further said that these forces were trying to influence the investigating organizations as well as the government officials)³⁰.

The Hawala Scandal, which is also known as the Jain Diaries case³¹ is an Indian political scandal in which huge amount of money was apparently received by the Indian politicians from the Jain brothers. All the accused involved in the Hawala scandal were discharged by the courts as the prosecution failed miserably.

The courts observed that the evidence brought by the Central Bureau of Investigation during investigations including the diaries was insufficient to prove the charges. The role of Central Bureau of Investigation in conducting the inquiry in condemned. Justice J.S. Verma, while hearing the public-interest litigation, made statement what is perhaps the most scathing criticism of India's premier investigating agency, the CBI.

He quoted. It appears that the Jains are too hot to handle...And it is difficult to believe that a thing so simple, which even a thanedar of a police station would have understood, was beyond the comprehension of an agency of this caliber³².

The classic case of How Political vendettas are been carried out by the CBI which can be seen in the famous Sohrabuddin sheikh fake encounter case. The CBI arrested Amit Shah in a fake encounter case in 2010 when P Chidambaram was the home minister. Now Amit Shah is the home minister and the CBI is looking out for P Chidambaram in the INOX Media case.³³

The court also accused the agency as the agency was doing something other than reaching the truth of these offence and it clearly appears that the CBI was a more concerned in establishing a particular and preconceived and premeditated theory, rather than finding out the truth. The prime minister of our country made a statement that we need to understand he said warning the Congress: (Hold your tongue, I have your entire horoscope). What did he mean by the statement. Recently the ex- chief justice of India Ranjan Gogoi has questioned the efficacy of the CBI in the politically sensitive cases and he also said it reflects a deep mismatch between institutional aspirations and governing politics. The CJI also said that why is that whenever there are no political overtones to the case, the CBI always does a good job,” and why the CBI fails when there is case involving big politician or industrialist. CJI Gogoi also talked about political and administrative interference in the working of the agency. He said: “in a number of high-profile cases and politically sensitive cases the agency has not been able to meet the standards of judicial scrutiny. Equally true is that such lapses may not have happened infrequently. Such instances reflect systemic issues within the agency and indicate a deep mismatch between institutional aspirations, organisational design, working culture, and governing politics.”³⁴

CJI Gogoi stressed on the agency maintaining high reputation in public perception. “Any gap between public perception and the quality of institutional performance would impact the governance of the nation, which we can ill afford,” he said. The CJI spoke about the guidelines issued by the apex court in the Vineet Narain judgment to protect the CBI’s integrity. “However, given that the superintendence and control of the agency continues to, in large measure, lie with the executive by virtue of Section 4 of Delhi Special Police Establishment Act, 1946, the possibility of it being used as a political instrument remains ever present.”³⁵

The CJI also suggested and emphasised that the crucial aspects of the CBI must be de-linked from the administrative control of the government. “The CBI should be given statutory status through legislation equivalent to that provided to Comptroller and Auditor General (CAG).

(B) Political Appointments and recent controversy involving CBI Directors. (CBI VS CBI)

The CBI, or any other government organization, has not been in this kind of a situation before. The image of CBI has gone down the dumps and the agency will have to recover from this crisis. It’ll take years and years for the CBI to regain its erstwhile status³⁶.

One of the most humiliating controversies hit the CBI in 2018 when the Director of the Agency at the time, Alok Verma and his deputy, Rakesh Asthana were drawn into an unprecedented, public showdown for the control of the CBI. The whole ordeal was widely reported in the media and left the country ‘s premier investigative agency to air its dirty laundry in front of the nation.

The whole controversy dates back to when Asthana was appointed as a Special Director of the CBI in 2017. He was being investigated for being involved in a bribery scandal at the time and Verma was against his appointment for that reason.

The dispute between the top cops came to head when Alok Verma levelled the serious allegations against his junior, Rakesh Asthana, accusing him of taking Rs. Thirty million as bribe from a business person who was under investigation by the organization. In his reply, Rakesh Asthana informed the Central Government that Alok Verma himself accepted the bribe of Rs. Twenty million from the same businessman.

He maintained that Alok Verma had wrongly levelled the charges of corruption against him. Rakesh Asthana also declared the during the past few months he had filled various complaints to the Central Vigilance Commission and provided for details of at least ten instances, alleging corruption against his superior. Verma, in return, vehemently declined the allegations. A.P. Singh, former Director of Central Bureau of Investigation, stated that the incident has blemished the image of the organization. He further added,

The CBI, or any other government organization, has not been in this kind of a situation before. The image of CBI has gone down the dumps and the agency will have to recover from this crisis. It’ll take years and years for the CBI to regain its erstwhile status³⁷.

He also stated that this was "irreparable damage", mostly because the CBI is a leading law enforcement agency where the top officials are now accused of breaking the law.³⁸

The tussle led to Rakesh Asthana eventually being charged by the CBI for accepting a bribe of Rupees two Crore. Devender Kumar, a DSP with the CBI was also arrested for his involvement in the scandal. As the investigation was getting more heated, Alok Verma himself came under the scanner and was removed from his position as the Director of the CBI overnight.

It has been one of the most controversial moments for an Agency already knee deep in controversies when it comes to favouritism in appointments. In 2016, RK Dutta who was posted as Special Director and was a primary candidate for the post of Director of the CBI was abruptly shifted just two days before the then Director Anil Sinha was about to retire. RK Dutta was transferred out to give the charge of acting director of CBI to Rakesh Asthana who was posted as an Additional Director of the CBI.

Such meddling with the senior most officers of a premier investigative agency really shatter the mirror of independence that the CBI purportedly exists under.

IV. Challenges faced by central bureau of investigation

(A) Withdrawal of General Consent. (Union Vs State)

StateswithdrawingthegeneralconsentshouldworrytheCBI —onusisontheagency,notitsmasters,toensureitscredibility. There has always been a silent ongoing tone of displeasure between the state governments and the CBI which in the subsequent years became very loud and obvious because of issues of constitutionality, credibility, and political interference faced by CBI. Section 6 of theDelhi Special Police Establishment Act 1946requires the CBI to obtain consent of the state government before conducting a investigation in a particular state thereby limiting its jurisdiction as provided under Section 5 of the Act. In case of 'general consent' the CBI does not have to obtain the prior permission of the state government before investigation. When a state withdraws general consent, CBI officers loses the powers to conduct investigation in the concerned state. In order to register a fresh case, the agency has to seek specific consent from the State government. As a result, it stalls registration of new cases. And from many years, general consent has been used as tool of political rivalry between the centre and state. ³⁹

Karnataka is one state that withdrew thegeneral consentmultiple times in the past. In November 2018, Andhra Pradesh withdrew the general consent owing to the State's ruling party TDPs fears that the BJP was misusing its powers by influencing the central agency to target the ministers of the ruling party. Soon after this, Chief Minister of West Bengal Mamata Banerjee showcased her support in the stance taken by TDP in Andhra Pradesh bywithdrawing general consentin her state. Chhattisgarh becamethe third stateduring the BJP reign to withdraw the general consent in January 2019 during the CBI and Alok Verma row. Following the league, Rajasthan statewithdrew general consenton January 2020 after BJP called for a CBI investigation in the state against Chief Minister Ashok Gehlot on leakage of audio tapes with regard to horse trading charges.

In a recent turn of events, the Uddhav Thackeray-led Maharashtra governmentwithdrew general consentowing to dissatisfaction of the interference of the Central Government in opting CBI investigation. This was in connection with the Sushant Singh Rajput case and the TRP scam. In the present matter, CBI took over the investigation carried by the Mumbai Police on the basis of secondary FIRs that were filed in BJP ruling states. The State government feels that central government was trying to settle political scores using CBI. Amidst the continuing tensions, CPI(M) led government in Kerala is also considering to withdraw the general consent for protecting the state's interest in the Life Mission Project. Thestate governmentfeared that the CBI probe will discredit the LDF Government, by misusing the consent granted. ⁴⁰

The above examples show common pattern where general consent is withdrawn by states that are ruled by opposition party’s vis à vis the ruling party at centre which more or less is a reflection of the existing political tussle between the union and the states.

In this Union v. States debate, it has become impossible to weigh the consequences and determine the wrongdoer. As the issue of General Consent has brought out joint expression of displeasure at the CBI or rather the union government, it only shows how much politicised the institution has become.

In effect, withdrawal of general consent will not influence the functioning of the CBI beyond measure as the judiciary can always step up to provide a middle ground by directing CBI investigation in a state (as held inState of West Bengalv. Committee for Protection of Democratic Rights⁴¹. However, seemingly this will put the judiciary in the middle of an admonishing parent mediating a dispute between two constantly fighting children. This endangers the concept of separation of powers requiring judicial intervention over executive action on a regular basis.

(B) Diminishing the Credibility and Authority of the CBI

The CBI has gained fame and a reputation throughout stretch of time, which is obvious from the way that it is troubled with the examination of numerous huge cases of different depictions. However, the reality remains that now, even CBI faces criticism as a result of its shortcoming, delay in the examinations and political interference. Notwithstanding all the analysis and charges, CBI keeps on being the main organization in the investigation of crimes.

The issue relating to autonomy of the Central Bureau of Investigation has come before Supreme Court in the Coal Block Allocation scandal of 2013. The Court accused the government for being fruitless in guaranteeing practical self-autonomy to the CBI and recommended the government to ―come out with a law to protect the organization from outside impact and intrusion.

Thus, a Group of Ministers was composed by the then Prime Minister to contemplate on the issue to identify and examine fitting law being enacted to accommodate the necessary and much needed freedoms to the CBI and its self-administration. The Group of Ministers recommended that a board of retired judges should screen the examinations of the Bureau to envision any external intrusion or pressing factor. further, it deliberated on extension in the money related power of the CBI Director, and another part for the selection of the Director of Prosecution, (who at present is a representative of the Ministry of Law). But these changes were condemned on the basis of being only superficial changes and not being implemented practically.

Transcendently, foremost area the where enhancements are required relation to the CBI is revisiting to the working of the organization as a Special Police Establishment under the Delhi Special Police Establishment Act of 1946. The Padmanabhaiyah Committee in its Report, recommended that specific offenses having interstate, national and inter-national repercussions―federal offences, the investigation of which are to be done by the Special Crimes Division of the CBI, which should work under the regulatory control and supervision of the Ministry of Home Affairs.

In an endeavour towards the smooth and uninterrupted working of the CBI it was excluded from the provisions of Right to Information (RTI) Act, 2005. The government on June 9, 2011 keeping base of national security conceded this exclusion. It was criticised by the activists and individuals from members of central information and RTI. who condemned by stating the sweeping exclusion disregarded the primary purpose and goal of the RTI Act, 2005.

The 19th Report of the Parliamentary Standing Committee of 2007 has prescribed that a different legislation must be enacted particularly for the Central Bureau of Investigation tuned in to the prerequisites of the present issues and to guarantee fairness and justice and autonomy.

The 2nd Administrative Reforms Commission too suggested that a new law ought to be enacted to administer the functioning of the Central Bureau of Investigation.

The Parliamentary Standing Committee of 2008 24th Report of expressed that providing the Central Bureau of Investigation with proper statutory support to take Suo motu cognizance of offences will not the slightest bit influence the basics of our federal structure.

The Committee viewed that following are the primary reasons of concern, which ought to be managed in relation to the functioning of the CBI:

(i) Development of Human Resources

(ii) Availability of Infrastructural Facilities

(iii) Financial and Administrative Empowerment

(iv) Directorate of Prosecution

(v) A Separate Legislation.

The above-mentioned aspects must be assimilated in a separate legislation under the name - Central Bureau of Investigation Act. The 85th Report of the Department-Related Parliamentary Standing Committee on Personnel, Law and Justice and Public Grievances headed by Anand Sharma, has strongly suggested that the Department of Personnel and Training must reconsider the 24th Report of the committee on ―The Working of the Central Bureau of Investigation.

As the issues are being recommended by the States and Courts to the Central Bureau of Investigation for assessment and leading of reasonable examinations, the Committee has all around perceived the heap offered to it. Regardless⁴², it is of the view that the CBI approach to the State or other Paramilitary Forces to fill its vacancies in the association. It, in this way, wants the CBI manage its cadre more effectively and the Department of Personnel and Training should take holistic steps to hasten the part of recruitment in consultation with the Union of Public Service Commission.

On the off chance that we think about the viewpoints of homegrown security just as common opportunities, it is exceptionally offensive and obscure to allow the law implementation and insight organizations to work without particular authentic structure. It is basic in a vote-based nation that every office of the public authority ought to determine its position, powers, advantages and advantages from fathomable enactments.

If we consider the perspectives of domestic security as well as civil freedoms, it is highly objectionable and vague to permit the law enforcement and intelligence agencies to work in absence of distinct legitimate structure. It is essential in a democratic country that each agency of the government should derive its authority, powers, perks and privileges from comprehensible legislations. The Parliament exercises the complete and absolute authority to enact and implement statutes on issues that are enlisted in the Union List in the Seventh Schedule of the Constitution under Article 246 (1). It is also having a legislative capacity to institute a law to be able to lawfully institute CBI according to Entry 8 in the Union List. Lamentably, no such law has ever been authorized. The enactment administering the CBI must reflect and show the improvements that have occurred and should perceive the central commitment of the organization to work in conformity to the provisions of the Constitution. Legislative laws must set up institutional and different provisions to protect the CBI from unwanted and ill-conceived control, influences and provocations.

(C) A Law for Central Bureau of Investigation

In order to have an effective justice system, our special investigative agencies must be given a constitutional position. The Central Bureau of Investigation is still regulated by the DSPE Act, making it a barrier for investigators to perform their duties in some cases. Due to staff shortages, many investigative agencies often hunt down investigators from other agencies such as the Intelligence Bureau‖ some leading to ineffective investigations. The same is true of our investigative frameworks. The latest equipment and the most adequate equipment should be provided to investigative agencies, so that they do not have to deal with the shortage of these small items, thus creating barriers to their goal of achieving an effective justice system.⁴³

In many cases, it seems that it is very difficult to investigate and prosecute high-ranking government officials and politicians and the reason for this is a lack of independence. The speech of a UN Committee member who lamented the fact that government officials `` performing the functions of political leaders will be free '' and corrupt officials will take over the position due to proximity to power of law.⁴⁴

The Central Bureau of Investigation seeks a legal position, as the agency investigating the prime ministers of the country, and the determination to act constitutionally in terms of section 6A of the CVC Act 2003, which required the CBI to obtain prior approval before doing anything investigation or inquiry into the positions of Joint Secretary and beyond, which come from the CVC and not from the Central Government.

There is no legal provision that precludes the Central Bureau of Investigation from appointing its own advisers on matters relating to the investigation and prosecution of politicians and senior officials. The legislature needs to provide appropriate instructions on this matter under Articles 32 and 142 of the constitution. As such, the advice is the choice of matters pertaining to investigations and prosecution of highly placed politicians and bureaucrats the investigative agency, which is why one can clarify, how safe are politicians and their officials. Such advice is dumb observers, who are simply puppets in the hands of the authorities. The role of Advisors (lawyers) comes first here. As they are the means of justice, they need to withdraw from representing the Premier's investigative body, the CBI in the event of a dispute with members of the Executive and politicians under the ordinary powers of the court.

It is because the Supreme Court has provided appropriate directions to the Ministers concerned in the Central Government to prevent them from preventing the CBI from eliminating local remedies under Indian law in continuing its efforts to prosecute members of the Executive and Politicians. In the absence of legal requirements that require the CBI to obtain permission to follow the appeal route found under Indian law, the Central Government does not consider it mandated to prevent the CBI from pursuing legal remedies for prosecution.

(D) Lack of Transparency and Malpractices

Although India is a democracy, yet we have not achieved the standard of an ideal democracy. Investigations are not always conducted in a fair and just manner due to extraneous factors such as lack of probity amongst the investigators, political pressures etc. With the (Right to Information Act (RTI) exempting certain investigating agencies from the purview of its ambit, has raised many eyebrows from different spheres. Corruption is an all-pervasive problem that is widely present in India. It has become deeply institutionalized within the governance structure. The ground realities within India itself reflect a high degree of apathy and helplessness in dealing with corruption. Since, there is virtually no institution in India that is free from corruption, then how can the specialized agencies be left behind.

Corruption includes political pressures within it; thus, the extent of corruption is alarming. In fact, the problem of corruption has been significantly ―politicized, Consequently the political pressures can be felt in the working scheme of Special Investigating Agencies. Prashant Bhushan, a Senior Advocate of the Supreme Court of India, has observed:

A corruption free society must have:

a) Strong and adequate laws such as Anticorruption Acts, Right to Information Law, and laws to protect whistle blowers;

b) Strong, independent and properly functioning institutions to enforce accountability and criminal justice such as investigative agencies vigilance commission and the judiciary; and

c) An organized and vigilant civil society which monitors the conduct of public officials and exposes corrupt ones.

Ultimately it is only a powerful civil society movement, which can break the vicious cycle of corruption in any society.

Hence Transparency of action and accountability are two possible safeguards to prevent any abuse of the power. Justice A.S. Anand rightly remarked that ―the police or any other Investigating Agency should not take unfair advantage of the citizens. They must try to inspire confidence of the people and not in still fear in them. Fear must be reserved for the wrongdoers, hard-core criminals and economic offenders but not ordinary citizens.

Although the RTI Act came into being, so that transparency is the order of the day, yet any unauthorized leak of the CBI ‘s investigation may be held as a contempt of court and serious interference with a court-ordered investigation. In such a case an appropriate punishment may be prescribed. Adopting an extremist approach is never appreciated, hence making CBI completely transparent or opaque is not the matter. Actually, it has to be in such a sync, with conditions, that if required, the CBI should be making totally opaque. The, if ‘‘condition could range from the Welfare of the State to the security of the State. Systemic inadequacies reflecting lack of autonomy prevent highest standards of effectiveness and transparency in the functioning of the CBI. Until and unless the investigating agencies act under the directives from the Court or state High courts, there will always remain a possibility of covering up the adversities by persons alleged to be involved in the corrupt exercise.

V. How the working of cbi can be improved

The main purpose of the criminal justice system is to determine whether the accused has violated the law, and where he is found guilty, to determine appropriate sanctions. The principle by which the justice system operates is that ―100 guilty people could be set free but one innocent should not be punished. The legal framework, law enforcement infrastructure and the quality of staff working within the legal system determine the quality of the criminal justice system in the country. Crime and criminal are as old as humanity and their complete elimination seems beyond the reach of humans. And so are the problems, which create special investigative frameworks when balancing the justice system with equality and even the rights of the accused. Convection rate is a good indicator of the efficiency and effectiveness of criminal justice system.

However, the high rate of conviction is not the main objective of the justice system. For a country to have a Criminal Justice System all four stages namely investigation, prosecution, trial and legal and procedural aspects must be harmonized. As it is the first step taken by law enforcement authorities after a crime or offense has been committed, that is why it is so important. Clear and purposeful research always leads to findings. If the investigating agencies themselves have significant differences, the outcome is tragic. In order to prevent the conviction, the case needs to be proved ‘without any reasonable doubt in court. The required evidence must be conclusive and to establish such evidence ‘before the court by prosecutors, the investigative bodies are required to conduct a thorough and timely investigation.

Special investigative agencies must have sufficient and important evidence to prove their case. There have been cases where investigative agents have failed to gather important evidence in the area such as blood stains, etc. The reasons for the above delays vary in training, inefficiency, malicious intent and much more to say; In the famous case of Aarushi Murder Case ‘the same thing happened. The former director of the Central Bureau of Investigation accepted the fact that the Central Bureau of Investigation; a special investigative agency sent to investigate Aarushi Murder Case ‘handled the case. Initially, while Uttar Pradesh Police were investigating the case, several important clues, including fingerprints, footprints and blood stains were not properly maintained for investigation. In fact, the crime scene was also not reached in time. Even the media was allowed to enter the house of Dr. Rajesh and Nupur Talwar, the main defendant, on the night of the intervention on the day of the crime.

The director added, however, that the CBI was aware that the a Narco Analysis Test was not admissible in court as evidence; however, the couple were made to be tested, the organization failed to find out the cause of Aarushi's brutal assassination and Talwar's domestic help, Hemraj. That was a reckless approach by the agencies that the perpetrators were able to dress up the scene of the crime and all fingerprints were found contaminated. Investigating agencies bring shame on the nation and raise the finger on the criminal justice system, if they deviate from their expected course of action. The following are some suggestions, which may help investigating agencies to conduct effective investigations that lead to fair trial and sentencing.

(A) Efficient and adequate staff.

The Special Investigating Agencies need to have a adequate investigating officers. National Investigation Agency (NIA), another special investigating agencies of India formed after the 26/11 Mumbai terrorist attack deals with cases related to terrorism, narcotics and counterfeit currency. Lately cases related to Maoists are also being investigated by them. The home ministry, which oversees the work of the agency, has asked it to recruit investigators instead of poaching from agencies such as Intelligence Bureau and the CBI.⁴⁵

Many times, investigations are either conducted by low-ranking or subordinate officers who lack experience or are new in service or by officers from other departments, which are totally unaccustomed to the investigation process. Due to their calibre not matching with an investigator ‘s calibre, the quality of the investigations is compromised with. Ultimately the trial is affected by such issues and lacunae. Due to inadequate staff, the work load is excessive, hence the quality of investigations is adversely affected. The

National Investigating Agency drafted its second prospective plan for expansion in 2011. The staff was recruited and increased from 250 to 950. Also, a strength of 609 was sanctioned. Hence, the Special Investigating Agencies (SIA) require qualified officers in sufficient numbers in order to have efficient investigations.

(B) Training

Since, a special investigating agency is expected to deal with complex financial, economic, criminal, organized etc. types of crimes, hence it is suggested that the investigators should possess the qualifications ranging from; Diploma or Degree in Forensic Investigation, Diploma or Degree in Criminal Justice, LL.B. Degree in Police Science, Diploma or Degree in Computer Science etc. They should be imparted with basic training which should include, practical investigation techniques, self-defence techniques, use of firearms, law and legal issues etc.⁴⁶

The training should definitely deal with use of computers since it is a computer age. Regular workshops by experienced investigators should be held so that they share their own experiences with the new unit of investigators. The workshops should also include the tactics of having the skills of arrest, search, compilation of evidence, giving oral evidence in court etc. Not only this, both the training as well as the workshops should update the investigators with investigation techniques, criminal prosecutions, asset seizure procedures, computer specialization, crime intelligence gathering and analysis, crime scene management, interviewing, questioning and interrogation skill etc.

(C) More Strong and Effective Legislations

To make strong and effective laws to fight corruption, organized crime, financial and economic crime and fraud.

Although there is efficient legislation, money laundering and political interference still require efforts to ensure that it is not eliminated immediately, reducing the claims. Political interference can be seen with the naked eye in decision-making regarding the anti-corruption investigation.

Fighting corruption, organized crime, financial and economic crime and fraud. Although there is no dearth of laws, money laundering and political interference still require efforts to; if do not delete at least minimize this omission. Political intervention can be seen with the naked eye when decisions are made about investigating corruption. Corruption in cases of corruption must be expedited and, in this regard, we must have a sufficient number of judges, the investigative structures need to be given constitutional position, adequate staffing capacity and equipment. As quoted by Sh. Joginder Singh (Former CBI Director) in his book ―The Central Bureau of Investigation and 2G Scam. We need to have rules based on the facts and not written by the Legal Commission whose members have never visited any court of law to see the circumstances of the judges and witnesses there. stricter laws serve as a severe deterrent to unruly citizens who pursue corruption and commit organized crime and financial ruin. These are the underlying causes of the disease in India. Special Investigating Organizations must work among these Persians who leave no room to breathe, ultimately the scourge of corruption and other evils do not allow themselves to be touched.

(D) Scientific Investigations and tools:

The principle of Criminal Justice System is to protect the innocent person from wrongly conviction and punishment for culprit who have committed crime and injustice in society. In this scientific community which is also known as ―practical scientific world only competence and rigorous honesty of the individuals holding such perilous positions preserves the principle of Criminal Justice System. In the field of law, the scientific approach to anything involves observation, measurement of entities that can be quantitated, the accumulation of data’s and analysis of finding as distinguished from an invective approach. The criminal law very well recognizes the importance of Forensic Science. This advance science helps in detecting crime and criminals and in this field, brain fingerprinting and DNA fingerprinting are the most significant development of 20^th Century. It gives a bigger picture of a trial or an investigation capturing the public interest at large.

The legal goal of Criminal Justice System is that the truth may prevail and innocent person is protected from wrongful verdict. In other words, when it is established by Forensic Science, Justice is created by Advance Science and this creation of Justice is established by the joint efforts of investigating authorities, prosecutors, media, forensic scientists and judges.

With the advent of advance Science and Technology, the tactics and working of investigating authorities has completely changed and in this regard the role of Forensic is the most important. The scientific evidence plays a very vital role in criminal investigation. In fact, most of the criminal cases need scientific investigation and the courts also look for scientific evidences. Scientific technology is now the call of hour. In the fixation of paternity / maternity and in settling of many other issues, uses of scientific techniques is a boom for the scientific community. In number of countries like United Kingdom, United States of America, Germany, France, Holland Australia, etc. and of course in India, the Investigating officers and the courts are more and more relying on the newly advanced scientific techniques as for the investigation of crime is concerned.

In a case, the court observed as follows:

The Forensic Science plays vital role in crime detection today. The very well organised criminals in the criminal world, as a matter of fact, hold the society and the law-abiding citizens to ransom; of late we are also witnessing organized crimes with international ramifications. That being so as systematic approach by the Investigating Agency to detect crimes by resorting to the latest techniques and devices/tools is the need of their hour. It, therefore, appears to us that it is good of State to give equal importance for development of Forensic Science too in the matter of crime detection by making adequate budgetary provisions to the said Branch.

Also, more and more personnel in the Forensic Branch should be trained inside and outside India to update their knowledge in the latest techniques in the field of Forensic science to be in aid to the ―Law Enforcing agencies of State in the matter of crime detection. All the more the society’s will be safe and secure if the authorities are ahead of their time in this regard; lest we fear, they may be caught unaware⁴⁷

Nowadays most of the criminal cases need scientific investigation and the courts also look for the scientific evidences. For effective decision of the case, it is the need of the hour that the Special Investigating agencies use the scientific evidences. Thus, for effective investigation and scientific ways of investigation is very necessary. The third degree‖ methods used by investigating agencies in British Period are not accepted by the new generation of Criminal Investigating Agencies, Judges and public at large. Hence, modern scientific methods for investigation of crimes and connecting the criminals with the overt acts are very much necessary in order to make effective Criminal Justice System.

(E) Providing Statutory status to Central Bureau of Investigation (CBI)

In order to have an effective justice system, our special investigative agencies must be given a constitutional position. The Central Bureau of Investigation is still regulated by the DSPE Act, making it a barrier for investigators to perform their duties in some cases. Due to staff shortages, many investigative agencies often hunt down investigators from other agencies such as the Intelligence Bureau‖ some leading to ineffective investigations. The same is true of our investigative frameworks. The latest equipment and the most adequate

equipment should be provided to investigative agencies, so that they do not have to deal with the shortage of these small items, thus creating barriers to their goal of achieving an effective justice system.

In many cases, it seems that it is very difficult to investigate and prosecute high-ranking government officials and politicians and the reason for this is a lack of independence. The speech of a UN Committee member who lamented the fact that government officials performing the functions of political leaders will be free '' and corrupt officials will take over the position due to proximity to power of law.

The Central Bureau of Investigation seeks a legal position, as the agency investigating the prime ministers of the country, and the determination to act constitutionally in terms of section 6A of the CVC Act 2003, which required the CBI to obtain prior approval before doing anything.⁴⁸ investigation or inquiry into the positions of Joint Secretary and beyond, which come from the CVC and not from the Central Government.

There is no legal provision that precludes the Central Bureau of Investigation from appointing its own advisers on matters relating to the investigation and prosecution of politicians and senior officials. The legislature needs to provide appropriate instructions on this matter under Articles 32 and 142 of the constitution. As such, the advice is the choice of matters pertaining to investigations and prosecution of highly placed politicians and bureaucrats the investigative agency, which is why one can clarify, how safe are politicians and their officials. Such advice is dumb observers, who are simply puppets in the hands of the authorities. The role of Advisors (lawyers) comes first here. As they are the means of justice, they need to withdraw from representing the Premier's investigative body, the CBI in the event of a dispute with members of the Executive and politicians under the ordinary powers of the court.

It is because the Supreme Court has provided appropriate directions to the Ministers concerned in the Central Government to prevent them from preventing the CBI from eliminating local remedies under Indian law in continuing its efforts to prosecute members of the Executive and Politicians. In the absence of legal requirements that require the CBI to obtain permission to follow the appeal route found under Indian law, the Central Government does not consider it mandated to prevent the CBI from pursuing legal remedies for prosecution.

(F) Improving selection procedure of Investigating Officials

Obtaining a degree or qualification to qualify for the position of investigating officer should be at least a minimum. There are some cases in which an investigating officer must demonstrate his or her skills in an equitable manner in such cases. While education is a major factor in improving such a balanced mindset, there is another factor that can be called faculty in the mid ‘that serves as the most important factor in determining how limited that person’s Flight of Thoughts’ is. How a person reacts to the necessary social evils such as corruption, bribery, fraud, political tendencies, oppression, etc. The investigating officer not only needs to be smart, be brave, physically strong and need to be fast, problem solver, first, leading and above all confident. All of these qualities can be acquired through a psychological examination and this can be done without the help of an excellent team of professional psychologists. Our Indian Army employs people who are emotionally balanced with their selection process. An effort must be made where, in some areas, the selection process must be improved. A.A. Siddiqui (Punjab D.G.P.) wanted to introduce community policing within the police system, as the police must deal with the people and build smooth and effective relationships with the community, the police must have good relations with the community.

(G) Cooperation between inter-agencies

There should be more legislation to make cooperation between agencies. Each institution requires the separation of the other. The reasons given are different. In order for organizations to co-operate and share the information needed to ensure that national security is not compromised and we do not see incidents like Mumbai Terror Attack again, we need to establish a forum to act as mediator between these bodies, so that all agencies such as Special Investigating agencies and Intelligence Agencies report toother agency. This step will help all parties not to miss any reliable information, and will help to close the gap between them and make them co-operative.

(H) Judicial upper hand

Political pressure and interference can be seen in the functioning of the Special Investigating agencies, which only leads to the delay of the investigation and the eventual results in release of the suspect, thus reducing the level of conviction rate which is one of the most important aspects of knowing the overall development of national. I recommend that the judiciary should have a higher hand over executive. Although the investigating agencies should be directly accountable to the authorities, the judiciary should look to the investigating agencies by setting specific guidelines, namely that political interference in the work of investigative organizations, then it should be reported that the judiciary is first-line rather than executive. While this recommendation may increase the workload of the judiciary but reduce the burden of corruption on the shoulders of the Indian Democracy.

(I) Effective implementation of laws

The Act has done its duty to prepare for legislation that proposes the mechanisms and procedures to be used by investigating agencies in the development of a comprehensive justice system. Although there are some differences that suggest that there are still areas, where we need strict rules, we are almost doomed to have rules. The only effective use of the rules by management is much needed now. Whether it is corruption, human rights abuses, politics, oppression or other problematic areas, we are a lacking initiative. The Supreme Court has set guidelines and asked agencies to follow a particular dictionary but still, it is not followed to some degree.

Amicus Curie presented interim reports on Human Rights Commissions and Committees propose that the High Court references to D.K Basu case could not be used. In this case the Bench which comprises Justice R.C. Lahoti and Justice Brijesh Kumar have made it clear that the examination should be conducted by two members of the commission / committee and will focus on determining whether there is no child violence or violation of Human right.

It was suggested that such important directions should be followed by working with their true spirit. As there is no such institution, organization, department where the law enforcement law is complied with and therefore special investigative agencies may be left untouched. It is not that the Central Bureau of Investigation or the Enforcement Directorate needs to apply the rules. Every government institution needs to follow the principle of implementation and the one that works best. All of this will not happen overnight. We need to move strategically so that every person associated with law enforcement feels the need to apply this idea. Each person should play his part in doing so. In this regard people should also be informed of their rights. It should be informed by adopting news channels such as television, newspapers, the internet, etc. Tolerance opens the way for greater access to the rights of the person who allows such tolerance. We therefore need to know that tolerance is a positive trait but a complete tolerance 'and makes the law that implementation machinery more biased, corrupt and arbitrary.

VI. Conclusion

The Central Bureau of Investigation is a special investigative body responsible for investigating cases of national importance while the State Police is responsible for maintaining law and order at the local level and for various other functions.

For that reason, it is doubtful that most of the senior officers and a large number of CBI investigators are actually officers of the State police, the same forces, which are considered to be inferior to the CBI. The organization has been widely sought to investigate serious cases involving powerful individuals in the country. The reason is that the common person wants an agency that obeys the law of the land and considers "rule of law" to be supreme. The appointment of CBI officials from the State Police is made primarily by political considerations. Again, the whole idea is flawed. An organization authorized to investigate the most serious cases in the country, while impartial and fair, relying on the same people eventually ends up investigating for staffing.

Today, the legal status of the CBI is in question. This has led to the CBI being open and confronted with illegal and unpopular influences of its country political leaders. The CBI has not been very successful in dealing with crimes committed by serving for politicians. Many cases can be seen when an agency does not want to handle cases against ruling party/ politicians. This creates a conflict on the very basis of CBI.

As can be seen from the discussion above, the role of the CBI is considered controversial in many cases such as Bofors, HDW Submarine, Airbus 320, Hawala, Coalgate scam, etc. to name a few. There have been countless instances where the CBI has been criticized by the media, the public and the judiciary for their role or absence in major cases. The CBI has repeatedly been called a puppet in the hands of the ruling government. It is a disgrace that the world's leading investigative organization has become a laughing stock. During the regime of the UPA, it was called The Congress Bureau of Investigation ‘is now being renamed due to the increase in Gujarat police officers such as the Gujarat Bureau of Investigation’. There are no defences that could prevent or limit political superiority from influencing an investigation conducted by the Central Bureau of Investigation. One of the main reasons for political interference and political pressure on the CBI is the fact that it operates directly under the Department of Home Affairs.

Till date, no law has been enacted to regulate the operation or operation of the CBI. It is still governed by ancient laws. There have been attempts to change the structure of the CBI through various Governments over the years. Giving a taste of autonomy to the Central Bureau of Investigation is one of the key provisions of The Lokpal and Lokayuktas Act, 2013.

The law stipulates, the prescribed period of sixty days for the completion of the investigation and six months for the completion of the investigation conducted by the CBI. The given period of six months may also be extended by Lokpal if a formal request is made by the CBI. The Bill also gave Lokpal the power to administer the investigative agency in connection with the investigation of cases referred to the Central Bureau of Investigation by Lokpal himself. It also proposes the establishment of a Directorate of Prosecution within an organization led by a Director, who will be a Inspector General of Police / Joint Secretary. The appointment of a Director will be made by the Central Government on on the endorsement of the CVC.

These measures, although in fair direction, are not sufficient to address the major issues that have hampered the functioning of the CBI. The time has come to take some steps to empower the investigating body to operate as an independent and professional body. To prevent corruption in the Central Bureau of Investigation the only solution is to introduce legislation when the role, position, function and powers of the Central Bureau of Investigation are established and certain guarantees such as negligence and impartiality in investigations conducted by the agency are included.

We can see a good example of how having a law that empowers the CBI will lead to a powerful and effective organization by looking at the Federal Bureau of Investigation in the United States of America, established in Title 28 of the United States Code (US Code), Section 533, which authorizes the Attorney General to "appoint officers to monitor and prosecute crimes committed in the United States." In addition, strong legislative framework give the FBI the power and responsibility to investigate certain crimes. The role and powers of the FBI have been enhanced by the passage of the PATRIOT Act of 2001. This strong legal backing is one of the main reasons why the FBI has become one of the world's most powerful intelligence agencies.

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VII. Bibliography

Books:

• M.P Jain, “Indian Constitutional Law, Lexis Nexis”, 8^th edn., 2018
• D. Banerjea, “Central Police Organisations” (Allied Publishers, India, 2005) • S.K. Datta, “CBI Top Cop Recalls” (Manas Publications, New Delhi, India, 2011)
• Joginder Singh, “Inside CBI” (Chandrika Publications, New Delhi, 2003).
• B.R. Lall, “Who Owns CBI”: The Naked Truth” (Manas Publications, New Delhi, 2007).
• D.D Aggarwal, “CBI and Policing in India- From Vedic to Modern Times” (Kaveri Book Service, New Delhi, India,2020)

Statutes

• The Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946).
• The Code of Criminal Procedure, 1973 (Act No. 2 of 1974).
• The Indian Penal Code, 1860 (Act No. 45 of 1860).

Reports and Manuals

• Government of India, Annual Report on the Central Bureau of Investigation (2014).
• John Ashcroft, Department of Justice, The Attorney General’s Guidelines (2002).
• Government of India, Vigilance Manual (Central Vigilance Commission, 2017).
• Government of India, 24th Report on Working of Central Bureau of Investigation (CBI) (Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (March 2008).
• Government of India, Central Bureau of Investigation (Crime) Manual, 2005 (New Delhi, 2005).
• Government of India, 85th Report of the Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (2016).
• Government of India, Report of the Padmanabhaiyah Committee on Police Reforms, (2000).
• Government of India, 24th Report on Working of Central Bureau of Investigation, (Department-
• Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, 2008).
• Report of the Joint Committee of Parliament on “The Central Vigilance Commission Bill”, (Lok Sabha Secretariat, New Delhi 2000).
• Government of India, i24th Report on Working of Central Bureau of Investigation, (Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, i2008).

Newspaper/online articles.

• Rule of Law- A Reflection upon we the people and beyond, available at: http://www. legalserviceindia.com/article/l459-Rule-of-law.html (last visited on Dec 20, 2020)
• Incredible CBI, available at: https://indianexpress.com/article/opinion/columns/incr edible-cbi/ (last visited on December 21,2020).
• CBI is dead- long live CBI, available at: https://indianexpress.com/article/opinion/ columns/cbi-isdead-long-live-cbi-alok-verma-rakesh-asthana-5418878/ (last visited on December 21,2020).
• A lower low, available at: https://indianexpress.com/article/opinion/a-lower-low-5418861/ (last visited on December 21,2020).
• Victims of Crime, available at: https://victimsofcrime.org/help-for-crime-victims/get-help-bulletinsfor-crime-victims/thecriminaljustice-system (last visited on December 21,2020).
• “Administration of the Police and Prosecution in Criminal Justice”, available at: http://www.dlawlibrary.org/index.php/2016-02-18-13-55-16/985-effective-administra tion-of-thepolice-andprosecution-incriminal-justice-the-practice-and-experience-of-the-united-republic-oftanzania (last visited on December 20, 2020).
• Secret agencies ancient India, available at: http://www.sanskritimagazine.com/india/ secret-agenciesancient-india (last visited on December 22, 2020).
• Human Rights Initiative” (1997), available at: http://humanrightsinitiative.org/publ ications/police/cvc_cbi_some_developments_a brief_history.pdf (last visited on December 27, 2020).
• Why a revamping of CBI is necessary, available at: https://thewire.in/law/why-a-revamping-of-thecbi-is-necessary (last visited on December 24, 2019).
• The mysterious case of CBI legality, available at: - https://www.governancenow.com/ news/regularstory/the-mysterious-case-ofcbis-legality (last visited on Dec 21, 2019).
• CBI and rules of political combat, available at: https://www.thehindu.com/opinion/lea d/the-cbi-andthe-rules-of-political-combat/article25926694.ece (last visited on December 29, 2020)
• Is CBI the handmaiden of the government, available at: https://www.thehindu.com /opinion/op-ed/iscbi-the-handmaiden-of-the-government/article19272931.ece (last visited on December 29, 2020)
• How corruption cases against Mayawati and Mulayam vanished, available at: https://www.businessstandard.com/article/politics/how-corruption-cases-against-maya wati-and-mulayam-vanished113100900784_1.html (last visited on December 29, 2020)
• How to rebuild the CBI, available at: https://www.firstpost.com/india/how-to-rebuild-the-cbi6010871.html (Last visited on December 24, 2019).
• Bring law to make CBI independent says court, available at: https://www.hindustantimes.com/delhi/bring-law-to-make-cbi-independent-says-court/story-8JfWN6LrBU2BVrEqid4JnM.htmli ((last visited on January 2, 2021)
• A law for CBI, available at: https://indianexpress.com/article/opinion/columns/a-law-for-the-cbiautonomy-powers-5605701/ (last visited on January 2, 2021)
• Maharashtra withdraws general consent, available at: https://www.livelaw.in/top-stories/maharashtragovt-withdraws-general-consent-granted-to-cbi-164804 (Last visited on December 29, 2020)

Magazines

• The Atlantic
• India Today

Newspapers

• The Hindu
• The Times of India
• The Economic Times
• The Tribune
• The Pioneer

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