Absence of separate act makes state govts shy of allowing CBI to operate

The absence of a separate act authorising existence of CBI has made many state govenments "reluctant and shy" in the past to allow the agency to operate in their states, former director R K Raghavan said today.

"There have been occasions in the past in some parts of the country where governments have been reluctant or have been shy of issuing notifications to permit CBI to operate from their states," he said during a speech at the CBI Day function here.

"If the state government does not issue the notification,you can have buildings, offices, but it does not mean a thing. You just cannot operate under the law. This is the sore point with CBI," he said.

However, he did not divulge the names of the states. Stating that a constitutional amendment is necessary to make CBI a legal entity, he said if the agency has to function in a lawful manner in a particular state, it needs the consent and formal notification of the state government.

CBI presently operates under the Delhi Special Police Establishment Act of 1946.

Two major factors for the delay in CBI probing cases are delay in getting relevant documents from other departments and in getting sanctions for prosecution, he said.

"The agency should apply modern methods to quicken the process - the ability to use computers, greater reliance on the internet," he said.

The Delhi Special Police Establishment acquired its present name of CBI through a Home Ministry resolution on April 1, 1963.