The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to investigate the killings in West Bengal’s Birbhum district, where eight persons were burnt alive.

About CBI

• The Bureau of Investigation traces its origins to the Delhi Special Police Establishment, a Central Government Police force, which was set up in 1941 by the Government of India.
• It then aimed to investigate bribery and corruption in transactions with the War and Supply Department of India.
• It then had its headquarters in Lahore.
• After the end of the war, there was a continued need for a central governmental agency to investigate bribery and corruption by central-government employees.
• The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution dated in 1963.

Mandate of the CBI

• The CBI is the main investigating agency of the GoI.
• It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
• Its important role is to prevent corruption and maintain integrity in administration.
• It works under the supervision of the CVC (Central Vigilance Commission) in matters pertaining to the Prevention of Corruption Act, 1988.
• The CBI is also India’s official representative with the INTERPOL.

Cases to investigate

• Cases connected to infringement of economic and fiscal laws
• Crimes of a serious nature that have national and international ramifications
• Coordination with the activities of the various state police forces and anti-corruption agencies.
• It can also take up any case of public importance and investigate it
• Maintaining crime statistics and disseminating criminal information.

How does the CBI take up cases?

• Unlike the NIA, CBI cannot take suo motu cognizance of a case in a state — whether in a matter of corruption involving government officials of the Centre and PSU staff, or an incident of violent crime.
• In order to take up corruption cases involving central government staff, it either needs general consent (see last question) of the state government, or specific consent on a case-to-case basis.
• For all other cases, whether involving corruption in the state government or an incident of crime, the state has to request an investigation by the CBI, and the Centre has to agree to the same.
• In case the state does not make such a request, the CBI can take over a case based on the orders of the High Court concerned or the Supreme Court.

Can the CBI decline to take up a case for investigation?

• After a state makes a request for an inquiry by the CBI, the Centre seeks the opinion of the agency.
• If the CBI feels that it is not worthwhile for it to expend time and energy on the case, it may decline to take it up.
• In the past, the CBI has refused to take over cases citing lack of enough personnel to investigate, and saying it is overburdened.

What is the CBI’s workload currently?

• According to the latest Annual Report of the Central Vigilance Commission, the CBI registered 608 FIRs in 2019 and 589 FIRs in 2020.
• In 2020, a total 86 cases related to demands for bribes by public servants for showing favour, and 30 cases for possession of disproportionate assets were registered.
• Out of 676 cases in the year (including FIRs and Preliminary Enquiries), 107 cases were taken up on the directions of constitutional courts and 39 on requests from state governments/ Union Territories.
• Also, there are over 1,300 vacancies in the CBI.

What is the CBI’s progress on cases?

• At the end of 2020, the CBI had 1,117 cases (both FIRs and PEs) pending investigation. In 2019, this number stood at 1,239.
• During 2020, investigation was finalised in 693 FIRs and 105 PEs.
• The conviction rate during the year was 69.83% against 69.19% in 2019.
• At the end of 2020, 9,757 cases were pending in various courts.
• The conviction rate in corruption cases was slightly lower at 67% in 2020.
• Almost 2,000 corruption cases are pending trial for more than 10 years.

What is the role of state consent in an investigation by the CBI?

• Since 2015, as many as nine states — Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala, Mizoram and Meghalaya — have withdrawn general consent to the CBI.
• Opposition-ruled states have alleged the CBI has become its master’s voice, and has been unfairly targeting opposition politicians.
• Withdrawal of general consent means that to probe any case in these states, CBI would have to take prior permission from the state government.
• CBI has claimed that this has tied its hands.

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