What is the CBI’s jurisdiction, when can it conduct raids?

CBI issued a press release clarifying its stand and explained how the raid on NDTV promoters was in consonance with the law and done with prior approvals. The provisions of Prevention of Corruption Act, 1988 are applicable to the officials of private banks.

Written by Sonakshi Awasthi | New Delhi | Published:June 7, 2017 5:28 pm
NDTV, NDTV CBI raid, Prannoy Roy CBI raid, Radhika Roy CBI raid, CBI raid on the NDTV’s promoters Prannoy Roy and Radhika Roy

The Central Bureau of Investigation has often been accused of working at the behest of the Central government. Even the Supreme Court, in 2013, had called the investigating agency as a ‘caged parrot’ and ‘its master’s voice.’ In the back drop of the raids against NDTV promoters Prannoy Roy and Radhika Roy, the CBI is once again facing accusations of being partisan. In its response, the CBI issued a press release on June 6, 2017 stating how the investigation carried by the CBI in the NDTV raid was legal and in terms with the Supreme Court ruling over private bank investigations.

The NDTV promoters have been alleged of “the wrongful gain of Rs 48 crore to the promoters – Dr. Prannoy Roy, Smt Radhika Roy, M/s RRPR Holdings Pvt Ltd and a corresponding wrongful loss to the ICICI bank,” under the provisions of Prevention of Corruption Act, 1988.

 

Raid on NDTV promoters and the alleged “wrongful” investigation

Section 6A of the Delhi Special Police Establishment (DSPE) Act covers investigations to be carried out by the CBI if an offence is alleged to have been committed under the Prevention of Corruption Act, 1988 with a prior approval of the Central Government.

In the pressing matter, CBI has been accused of not having jurisdiction in cases involving private bank loans, which the CBI clarified in its statement, “the Honourable Supreme Court in the case of Ramesh Gelli vs CBI of 2016, held that the provisions of Prevention of Corruption Act, 1988 are applicable to the officials of private banks. Therefore, CBI has jurisdiction to take up investigation of the cases of private banks.”

What is the Ramesh Gelli vs CBI [WP(CRL.) NO. 167/ 2015] case?

In this case, the Supreme Court held that Section 2(c)(viii) of the Prevention of Corruption Act, 1988 and Section 21 of the Indian Penal Code, 1860 defining “public servant” should be read with Section 46-A of Banking Regulation Act, which holds the field for the purposes of offences under the said Act.

The question in hand was to determine whether the chairman/managing director or executive director of a private bank operating under licence issued by RBI under Banking Regulation Act, 1949, held/holds an office and performed /performs public duty so as to attract the definition of ‘public servant’.

What is the jurisdiction of a CBI investigation?

Offences related to the Prevention of Corruption Act, 1988 falls under the supervision of the Central Vigilance Commission (CVC) and in other matters with the Department of Personnel and Training (DOPT) in the Ministry of Personnel, Pension and Grievances of the Government of India.

CBI investigates cases which are essentially against Central Government employees, financial interests of the Central government, breach of Central Laws, fraud, cheating embezzlement relating to companies involving large funds, similar offences committed by organised gangs or criminals affecting several states.

It also looks into cases having interstate and international ramifications and involving several official agencies where, from all angles, it is considered necessary that a single investigating agency should be in charge of the investigation.

Are CBI arrests different from police arrests?

CBI arrests, with or without warrant, and its procedure is derived from the Code of Criminal Procedure Act, 1973, which applies to every police officer making an arrest where an approval from the Magistrate is required if an arrest is made with a warrant. Provisions of an arrest without a warrant are embed in Section 41 of CrPc which is also applicable to the CBI officials.

After making an arrest, CBI follows a prescribed investigative procedure governed by the Delhi Special Police Establishment Act, 1946 (DSPE). Stating the investigative powers to the CBI (Section 6A of the DSPE Act), the DSPE also defines the jurisdiction (Section 5) under which the institution lies.

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  1. J
    Jana
    Jun 8, 2017 at 3:04 pm
    Ok, the government is on vendetta spree...but then it should have pulled out barkhas' kargil coverage, 26/11 mumbai terror attacks and more recently pathankot tragedy. In pathankot the government couldn't impose a token one day ban on these illegitimate journalists...and more importantly nira radia, where the preciding deity of indian journalism and godmother of indian liberals barkha datta was caught coochie cooing with nira radia to book a berth of a.raja, who went on to cheat the Indian people of a mind bogg 1,76,000 crores....the government is stupid to foist a case for a measly 48 crores.
    Reply
    1. R
      RS
      Jun 8, 2017 at 3:57 am
      This is a very simple question and has a very simple answer and it is, "Whenever, Wherever and on Whom so ever the Modi government wants it to conduct a raid, CBI raids the person, company, organization or the office of a politician". CBI has been reduced to nothing more than Modi government's domestic servant. Modi tells it jump and CBI jumps. Modi tells it sit and the CBI sits. Modi tells it go hide, CBI goes in to a corner and hides. Modi tells it to fetch and the CBI goes and fetches.
      Reply
      1. M
        murty
        Jun 7, 2017 at 9:58 pm
        Good the same people were saying FBI is not used by congress.now they say present govt is ushering when self comes media is talks differently????useless blackmai techniques.
        Reply
        1. J
          jk
          Jun 7, 2017 at 9:49 pm
          Ndtv start singing song of GOI,it is still not late;first they made u antinational now cbi raid,why do not u sell yrself like Arnab Goswami???
          Reply
          1. K
            Kshitij Aggarwal
            Jun 8, 2017 at 3:59 am
            is it a suggestion or sarcasm?
            Reply
          2. M
            Mathura
            Jun 7, 2017 at 9:49 pm
            WHY no raids on ICICI bank officials ? ICICI bank officials are highly corrupt specially when they act on behalf of Government but hide as a private sector bank under RTI when caught on wrongfoot. Why government/ CBI is saving ICICI Bank officials .As per definition/logic given by CBI they should have raided ICICI bank first . Caged parrot is not working according to law explained by it. NO ICICI bank official has been raided yet.
            Reply
            1. A
              Ash
              Jun 7, 2017 at 8:58 pm
              If a fraud was committed then surely Icici should have complained as it is claimed Icici lost 48 Cr stead Icici have given in writing that the loan was repaid.So how does an individual go directly to the CBI and claim a fraud.Even if this is accepted then Icici and it's staff should have been raided.But they weren't.No channel has yet really become an opposition platform in the same way that other channels have surrendered to BJP.BJP couldn't stomach the minimal criticism of their actions.They wanted applause even when their actions were stupid.This is the biggest damage to democracy that this govt has achieved in 3 years.It is hiding behind inflated figures of GDP.On the ground the reality is quite visible.There have been widespread job losses and business closures,and get the RBI claims demonetisation had no effect.These Ins utions are supposed to give the accurate picture and are answerable to Parliament and not the govt.Its time MPs enforced their rights to information from Rbi
              Reply
              1. A
                Ash
                Jun 7, 2017 at 8:42 pm
                This raid happened a day after Patra was asked to leave live on a NDTV show by nidhi when he accused the channel of having an agenda.She asked him to apologise ,when he refused he was asked to leave.This left Patra flabbergasted,who is used to anchors fawning over him and letting him rave on depriving other panelists any time.She even said that you are welcome to go to other channels which are extension of Doordarshan. This is the way these people need to be tackled and I salute NDTV for their courage when most other channels have surrendered and have become govt voiceboxes.Today the RBI is sticking to its story that demonetisation wasn't responsible for the fall in GDP. I believe this is the reason why an eminent person like Rajan was let go.He wasn't submissive!Pity that govt feel submission to its nyopic view is more important than merit. This govt raves on how Congress did nothing in last 60 years.Only someone living in some remote tribal area could come to that conclusion.
                Reply
                1. R
                  RS
                  Jun 8, 2017 at 4:27 am
                  Not only Patra but the entire BJP TRIBE of BELLIGERENTS does not allow anyone else to speak. They rudely interrupt and shout down other panelists and even try to bully the moderators while never answering any question that is put to them. They will start talking about what ever they had been told to say in preparation of their TV appearance.
                  Reply
                2. M
                  mohan
                  Jun 7, 2017 at 7:55 pm
                  Pranav&his NDTV are not the holy cow that cannot be touched or investigated by CBI.Is Roy super human being because he has the support of corrupt congress&no fingers can be pointed towards him even though he may violate the laws of the land &is involved in corruption.Perhaps some ppl are ignorant that before the raid the CBI has to take permission from various authorities&satisfy the Magistrate toprocure the search warrant.If Pranav is peeved&feels aggrieved,he should move the court to get the proceedings quashed.The outcome will satisfy Roy & the readers who feel that it has been done to muzzle the press.No raid has taken place on NDTV.NDTV regards itself as above law.It telecast live the pathancoat terrorist attack &violated the guidelines.There are other news channels which are fair&impartial in reporting.Why NDTV delberately twists & turns the news.That fellow Ravish is total rubbish.We live in this country.At every stage we should keep the safety&security in mind.
                  Reply
                  1. N
                    Nagar Iyer
                    Jun 7, 2017 at 8:37 pm
                    Bank loan fraud is only the tip of the ice berg. NDTV is involved in laundering of 5500 crore which Chi()dam()baram received as kickbacks in 2G. Also there is a complaint of theft of bandwidth belonging to DD. visit pgurusdotcom
                    Reply
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