EVOLUTION: Special Police Establishment [SPE] was set up in 1941 to
investigate bribery and corruption in transactions of the War and Supply
Department of India during World War II with its Headquarters in Lahore.
Delhi Special Police Establishment Act was brought into force in 1946
which enlarged its scope to cover all Departments of the Government
of India. Its jurisdiction extended to the Union Territories, and could be
further extended to the States with the consent of the State Governments
involved. Central Bureau of Investigation (CBI) was set up through a Home
Ministry Resolution No. 4/31/61-T dated 1.4.1963 & SPE became one of
the constituents of CBI. The Central Government has been empowered
under Section 5 to extend to any area (including Railway area) in a State
not being a Union Territory, the powers and jurisdiction of members of the
DSPE for the investigation of any offence or classes of offences specified
in a notification under section 3 of the DSPE Act subject to the consent
of the Government of the concerned State, under section 6 of the Act.
6.2 JURISDICTION OF CBI vis-à-vis STATE POLICE: The Special Police
Establishment of CBI (Ant-Corruption Division) enjoys with the respective
State Police Force concurrent powers of investigation and prosecution
under the Code of Criminal Procedure, 1973. However, to avoid duplication
of effort, an administrative arrangement has been arrived at with the State
Governments according to which:
(a) Cases, which substantially and essentially concern Central Government
employees or the affairs of the Central Government, even though involving
State Government employees, are to be investigated by the SPE. The State Police is, however, kept informed of such cases and will render necessary
assistance to the SPE during investigation;
(b) Cases, which substantially and essentially involve State Government
employees or relate to the affairs of a State Government, even though
involving certain Central Government employees, are investigated by the
State Police. The SPE is informed of such cases and it extends assistance to
the State Police during investigation, if necessary. When the investigation
made by the State Police authorities in such cases involves a Central
Government employee, the requests for sanction for prosecution of the
competent authority of the Central Government will be routed through
the SPE. (Refer to Chapter 17 of CBI Crime Manual)
6.3 SUPERINTENDENCE AND ADMINISTRATION OF CBI
(i) The genesis of superintendence of CBI has been laid down in the landmark
decision of the Supreme Court delivered on 18th December, 1997 in Vineet
Narain v/s UOI case. In this judgement, directions were issued that the
CVC shall be responsible for the efficient functioning of the CBI. For
giving effect to this direction, CVC Act, 2003 was enacted. Section 4 of
Delhi Special Police Establishment Act, 1946 was also amended w.e.f.
01.09.2003, which reads as follows:
“4. Superintendence and administration of Special Police Establishment.
(1) The superintendence of the Delhi Special Police Establishment in so far
as it relates to investigation of offences alleged to have been committed
under the Prevention of Corruption Act, 1988 (49 of 1988), shall vest in
the Commission
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