• The Supreme Court has observed that it cannot pass a blanket order on appointment of CBI director.

• The top court was hearing a plea seeking extension of the CBI director’s tenure in emergency situations, in the absence of finalisation of the name of the successor, rather than appointing an interim director.

• Attorney General K.K. Venugopal told the bench that an appointment to the post of CBI director was made on May 25, 2021, by the committee of which the Chief Justice of India is also part.

• In May, Subodh Kumar Jaiswal was appointed as the new CBI director for two years. The CBI was working without a regular chief for over three months after Rishi Kumar Shukla completed his two-year tenure on February 3.

• The Attorney General submitted that the delay in regular appointment happened as the High-Powered Committee could not meet against the backdrop of COVID-19 pandemic. He clarified that at times, there might be difficulties in the meeting of the committee, and in these exceptional circumstances, ad hoc appointments are made.

• The top court in the Prakash Singh case had barred the practice of appointment of acting CBI directors and acting DGPs. 

• Since 2017, the Centre took the recourse of appointing interim director thrice, and this practice should stop, as it affects functioning of the agency, the plea said.

• The NGO had moved the top court alleging the government failed to appoint a regular CBI director as per section 4A of the Delhi Special Police Establishment Act, on the expiry of the term of Rishi Kumar Shukla in February. 

Appointment of CBI director

With Lokpal and Lokayuktas Act, 2013, the Delhi Special Police Establishment Act, 1946 has been amended providing for selection of director, CBI on the recommendation of a Committee consisting of:

• Prime minister — chairperson

• The Leader of Opposition

• The Chief Justice of India or a judge of the Supreme Court nominated by him.

The director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

Central Bureau of Investigation

• The Central Bureau of Investigation (CBI) is the premier anti-corruption investigative agency in India. It has the experience of handling high profile conventional crimes, economic offences, banking frauds and crimes with international links. 

Evolution of CBI

• The CBI traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Department of India during World War II. 

• Superintendence of the SPE was vested with the War Department. Even after the end of the War, the need for a central government agency to investigate cases of bribery and corruption by central government employees was felt.

• The Delhi Special Police Establishment (DSPE) Act was therefore brought into force in 1946. This Act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the government of India. 

• The jurisdiction of the SPE extended to all the Union Territories and could be extended also to the states with the consent of the state government concerned.

• The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a home ministry resolution in 1963. 

• The founder director of the CBI was D.P. Kohli held office from April 1, 1963 to May 31, 1968.

• Initially the offences notified by the central government were related to corruption by central government servants.

• It was set up to not only investigate cases of bribery and corruption but also a violation of central fiscal laws, major frauds relating to government of India departments, public joint stock companies, passport frauds and serious crimes committed by organised gangs and professional criminals.

• CBI was further strengthened by the addition of the Economic Offences Wing in 1964.

• The scope of Economic Offences Division was expanded from time to time to cover various economic offences mainly pertaining to serious frauds in banks, stock exchanges, financial institutions, joint stock companies, public limited companies, misappropriation of public funds, misallocation of national natural resources like coal, criminal breach of trust, cheating of small investors through Ponzi Scheme and chit fund scams, cybercrime, IMPEX Laws, counterfeiting of currency, narcotics, drug trafficking, offences related to antiques, arts & treasures, piracy, forgery of travel documents/identity papers, fraud in overseas job rackets, wildlife crimes, etc.

• Over time, requests were made by various quarters for the CBI to take up investigation in crimes like homicide, kidnapping, large scale banks and insurance frauds, complicated matters, etc. 

• Courts also reposed faith in CBI and started referring cases to it for enquiry/investigation based on petitions filed by the aggrieved persons in serious matters. This led to the multi-dimensional growth of the agency.

• The CBI has jurisdiction to investigate offences pertaining to 69 Central laws, 18 State Acts and 231 offences in the IPC.

• In order to secure cooperation between the Special Police Establishment and the ministries/departments of the central government, separate directives had been issued by the ministry of home affairs, railway board and the Army, Naval and Air Headquarters and Defence Production Organisation. Subsequently, these separate directives were replaced by one single directive of memorandum by the ministry of home affairs.

CBI has the following divisions:

a) Anti-Corruption Division: To deal with cases of corruption and fraud committed by public servants of all central government departments, Central Public Sector Undertakings and central financial institutions.

b) Economic Crimes Division: To deal with bank frauds, financial frauds, Import-Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items, etc. 

c) Special Crimes Division: To deal with cases of terrorism, bomb blasts and  sensational homicides.

d) Directorate of Prosecution: The Directorate of Prosecution was established in pursuance of the orders of Supreme Court in Vineet Narain case. The Directorate tenders legal advice in CBI cases, besides conducting prosecution in CBI cases. The Directorate also attends to matters relating to legal matters raised in the IGPs/DGPs conference, matters relating to interpretation of laws, appointment of special counsels, statutory rules and regulations and amendments thereof, preparation of notes on Legal matters for publication in CBI Gazette, etc.

e) Policy & Coordination Division: The Policy Unit deals with all matters relating to policy, procedure, organisation, vigilance & security in the CBI, correspondence and liaison with ministries and implementation of special programmes for vigilance and anti-corruption, etc. The Coordination Unit takes part in the organisation of Directors General of Police, CID and other conferences and is also incharge of the publication of the CBI bulletin. The Interpol Unit is the Secretariat of the national central bureau. 

f) Central Forensic Science Laboratory: The Central Forensic Science Laboratory (CFSL) provides expert opinion on various aspects of forensic science concerning crime investigation. Apart from Delhi Police and the CBI, it assists central government departments, states, State Forensic Science Laboratories, defence forces, government undertakings, universities, banks, etc.

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