Lok Sabha Question No. 2868 (UNSTARRED), answered on 2015-12-16
Subject: Prior Permission for CBI Investigation
Ministry: PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Asked by: NEELAM SONKER, ASADUDDIN OWAISI

## MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

## GOVERNMENT OF INDIA (DEPARTMENT OF PERSONNEL AND TRAINING)

## LOK SABHA UNSTARRED QUESTION NO. 2868

(TO BE ANSWERED ON 16.12.2015)

## PRIOR PERMISSION FOR CBI INVESTIGATION

## †2868. SHRIMATI NEELAM SONKER: SHRI ASADUDDIN OWAISI:

Will the PRIME MINISTER be pleased to state:

- (a) the  number  of  cases  taken  over  by  Central  Bureau  of  Investigation  (CBI)  on  the request of State and Union Government and on the directions by the Hon'ble Courts;
- (b) whether both the Union and State Governments seek prior permission from competent authority before handing over investigation work to CBI;
- (c) if so, the details thereof and if not, the reasons therefor;
- (d) whether CBI is equipped with experts and infrastructure to handle large  number of cases and sophisticated modern economic crimes; and
- (e) if so, the details thereof and if not, the steps taken by the Government in this regard?

## ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister's Office. (DR.JITENDRA SINGH)

(a):  There are 908 cases referred to the Central Bureau of Investigation (CBI) by the State Government and Constitutional Courts for investigation during the last three years i.e. 2012, 2013,  2014  and  current  year  i.e.  2015  (upto  30.11.2015).  The  year-wise  break-up of  908 cases are as follows:-

| Year                    | No. of Cases referred by   | No. of Cases referred by   | Total   |
|-------------------------|----------------------------|----------------------------|---------|
| Year                    | State Government           | Constitutional Courts      | Total   |
| 2012                    | 52                         | 132                        | 184     |
| 2013                    | 50                         | 190                        | 240     |
| 2014                    | 32                         | 175                        | 207     |
| 2015 (up to 30.11.2015) | 31                         | 246                        | 277     |
| Total                   | 165                        | 743                        | 908     |

As per provisions of Delhi Special Police Establishment Act, 1946, cases pertaining to Union Territories can be taken up directly by CBI for investigation.

(b) & (c): CBI investigates offences notified by the Central Government under section 3 of the  Delhi  Special  Police  Establishment  (DSPE)  Act,  1946  in  any  Union  Territory.  The Central Government may extend the powers and jurisdiction of CBI for investigation of these offences to any areas in a State by notification under section 5 of DSPE Act, 1946 with the consent of the Government of that State under section 6 of the Act.

(d) & (e):- The Central Government has provided sufficient funds under plan and nonplan schemes for training of CBI officers to enhance their investigation skills. Cyber and Hi Tech Crime Investigation and Training (CHCIT) Centre of CBI Academy is equipped with sophisticated/modern  hardware  and  software  tools  to  provide  vertical  assistance  during investigation of various high profile cases involving modern Economic and Cyber Crimes.

Government  has  taken  various  measures  for  improving  the  functioning  of  the  CBI which, inter alia, includes modernization of CBI, enhanced quality of training, upgradation of infrastructure, improved working conditions and filling up of vacant of posts in various ranks, rigorous monitoring of investigation by CBI & CVC, etc.

Besides above, 87 new Additional Special Courts have been set up in various states of the  country  to  dispose  off  PC  Act  cases  expeditiously.  Further,  Government  has  also appointed  competent  and  experienced  Special  Public  Prosecutors  and  other  counsels  to expedite disposal of cases in courts.

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