The Central Bureau of Investigation: Tackling Organized Crimes and

enhancing the law enforcement in India from 1990’s to 2020

Submitted

To

RASHTRIYA RAKSHA UNIVERSITY

(An Institution of National Importance)

For the partial fulfilment of the award of the degree of

Masters in Criminology and Crime Science

Submitted by:

HAPPY DARJI

ENROLLMENT NO- 230041100321017

Submitted to: Ms. Surekha T. , Assistant Professor

SCHOOL OF CRIMINAL LAW AND MILITARY LAW

RASHTRIYA RAKSHA UNIVERSITY,

Lavad, Dahegam, Gandhinagar-382305, Gujarat, India

Academic Year 2023-25

 INDEX

Introduction

1.1 The Concept of CBI

1.1.1 Historical Evolution of CBI
1.1.2 Central Bureau of Investigation’s Expanding Role and Structure
1.1.3 CBI’s Jurisdictions and State Consent Issues

1.2 Functions of CBI

1.3 Mission and Vision of CBI

1.3.1 Misson
1.3.2 Vision
1.3.3 CBI Motto
1.3.4 Research Division
Chapter 1

1.4 CBI Responsibilities and Role

1.5 Development and Reform of CBI

1.6 Strengths of the CBI

1.7 Challenging Facing the CBI

1.8 A Law for Central Bureau of Investigation

1.9 Organized Crime

 1.10 Role of CBI on Combatting Organized Crime

1.11 Emerging Phenomenon of Organized Crime at National Level

1.12 Interpol and Organized Crime and Relation to CBI

Chapter 2 Review of Literature

Research Design and Methodology

3.1 Background of the study

3.2 Research Gaps

3.3 Statement of the Problem

3.4 Scope of the study

Chapter 3 3.5 Limitation of the study

3.6 Research Question

3.7 Objective of the Study

3.8 Methodology

3.8.1 Research Design

3.8.2 Data Analysis Techniques (Qualitative Approach)

3.9 Source of Data

3.9.1 Secondary Sources

3.9.2 Content Analysis
Chapter 4 Case studies

4.1 The Bombay Bomb Blast (1993)

4.1.1 Motive Behind the Attack and Involvement of Organized Crime

4.1.2 People Involved
4.1.3 Power Struggle and Underworld’s Involvement
Case No. 1 4.1.4 Legal Proceeding and Judicial Challenges
4.1.5 Involvement of CBI
4.1.6 Court’s Judgements
4.1.7 Impact of the Case on India’s Security Policies
4.1.8 Socioeconomic and Motivational Analysis of the Convicted
Individuals

4.2 Dawood Ibrahim Network

4.2.1 Overview of the Dawood Ibrahim Network and its Criminal

Operations
Case No. 2 4.2.2 Drug Trafficking and Narcotics Trade
4.2.3 Money Laundering and Terror Financing
4.2.4 How did the CBI handled the Case?
4.2.5 Court’s proceedings and Verdicts on Dawood Ibrahim

4.3 Nirav Modi and PNB

Case No. 3 4.3.1 Why was the Nirav Modi and PNB Case handled over to the CBI
4.3.2 How the CBI handled the Case?
4.3.3 Court’s Proceedings and Judgement

4.4 Rajiv Gandhi assassination case

4.4.1 Successful Assassination Attack

Case No. 4 4.4.2 Why was the Case handled over to the CBI
4.4.3 How the CBI handled the Case?
4.4.4 Court Proceedings and Judgement

4.5 2G Spectrum scam

Case No. 5 4.5.1 How did the CBI handled the Case?
4.5.2 Court Proceedings and Judgement
4.5.3 Key Individuals Involved
 Analysis / Key Findings

Case No. 1: - The Bombay Bomb Blast (1993)

Case No. 2: - Dawood Ibrahim Network
Case No. 3: - Nirav Modi and PNB
Case No. 4: - Rajiv Gandhi Assassination
Chapter 5 Case No. 5: - 2G Spectrum Scam

5.1 Core Findings of the Study

5.2 Limitation of the Analysis
5.3 Why the CBI is unable to reach its Maximum Efficiency
5.4 Framework for Analysis

Chapter 6  Conclusion
 Recommendation

ABSTRACT

The CBI conducts impartial investigation to ensure the accuracy and reliability of judicial
outcomes. It investigates significant crimes with interstate and international repercussions and
collects criminal intelligence in three main areas: Anti-Corruption, Economic Crimes, and
Special crimes. However, India faces increasing threats from money laundering, drug trafficking,
human trafficking, and cybercrime. The complexity of organized crime and the limited legal
framework of law enforcement make it difficult to counter these networks. The study emphasizes
the need for stronger investigative frameworks and legal reforms to grant the CBI a
constitutional position to combat organized crime. Technological advancements have enabled
criminal syndicates to expand globally, requiring modern equipment and resources. The research
analyses case studies to identify challenges faced by the CBI in dealing with transnational crime
organizations, including international cooperation, jurisdictional conflicts, resource constrains,
and technological advancements. It also explores internal constraints, such as political influence
and bureaucratic hurdles, to enhance the agency’s effectiveness.
Chapter 1

1 Introduction
The role of the CBI extends beyond mere investigation; it plays a crucial part in maintaining
public trust in law enforcement and ensuring accountability in governance. As stated by the
Second Administrative Reforms Commission (2007), “The CBI has come to be regarded as an
elite force playing a critical role in maintaining the rule of law, fighting corruption, and
addressing crimes that have inter-state and international ramifications.” (Pakes, 2010). The
Central Bureau of Investigation (CBI) is a premier investigating agency in India, entrusted with
maintaining the integrity of law enforcement and upholding justice. It functions as an essential
part of the criminal justice system, addressing complex crimes that require specialized
investigation. The CBI primarily investigates cases related to corruption, economic offenses,
special crimes, and high-profile cases referred by the central or state governments. One of the
key responsibilities of the CBI is to conduct impartial and professional investigations. The
accuracy and reliability of its findings have a significant impact on the justice system, as flawed
or biased investigations can undermine judicial outcomes. According to the Supreme Court of
India (Vineet Narain v. Union of India, 1997), “An independent, impartial and competent
investigating agency is vital for a fair and effective criminal justice system.” With its specialized
divisions and expert personnel, the CBI continues to play a pivotal role in ensuring justice and
reinforcing the rule of law in India. In India, investigation is generally entrusted to State
agencies, being a matter in Schedule 7 List II, State List, entry 2 of the Constitution (Constitution
of India, 1950). However, the Central Government, by virtue of its powers under Schedule 7
List I, Union List, entry 87 has created a specialized investigation body, the Central Bureau of
Investigation (hereinafter CBI).

1.1 The Concept of CBI

The Central Bureau of Investigation (CBI), functioning under Department of Personnel, Ministry
of Personnel, Pension and Public Grievances, Government of India, is the head investigating
police agency in India (Singh, 1999). It is a tip top power assuming a significant role in
safeguarding of values in public life and in guaranteeing the health of the national economy. It is
additionally the nodal police agency in India which arranges investigation for the benefit of
Interpol Member countries. Throughout the years CBI has developed a picture for
professionalism and integrity. The services of its investigating officers are looked for every
significant investigation in the nation. CBI as an association is held in high regard by the
Supreme Court, the High Courts, the Parliament and the public (Lal, 2004).

The CBI needs to explore significant crimes in the nation having interstate and international
repercussions. It is likewise engaged with assortment of criminal intelligence relating to three of
its principal territories of activity, viz., Anti-Corruption, Economic Crimes and Special Crimes.
The Anticorruption Division of the CBI has handled cases against Chief Ministers, Ministers,
Secretaries to Government, Officers of the All-India Services, CMDs of Banks, Financial
Institutions, Public Sector Undertakings, and so on (Nayar, 2012). CBI investigations majorly
affect the political and economic life of the country.

The following general classes of criminal cases are handled by the CBI:

 Economic crimes, including bank frauds, financial frauds, Import Export and Foreign
Exchange violations, huge scale smuggling of opiates, antiques, cultural property and
smuggling of other contraband things and so forth (Kumar, 2015).
 Special Crimes, for example, cases of terrorism, bomb impacts, hair-raising murders,
kidnapping for payoff and crimes committed by the mafia/the underworld Cases of
corruption and fraud committed by public servants of all Central Govt. Departments,
Central Public Sector Undertakings and Central Financial Institutions. The legal powers
of investigation of CBI are gotten from the DSPE Act 1946. This Act gives simultaneous
and coextensive powers, duties, privileges and liabilities on the members of Delhi Special
Police Establishment (CBI) with Police Officers of the Union Territories. The Central
Government may stretch out to any zone, other than Union Territories, the powers and
jurisdiction of members of the CBI for investigation subject to the consent of the
Government of the concerned State Govt (Chakrabarty, 2019).

While practicing such powers, members of the CBI of or over the position of Sub Inspector will
be regarded to be officer's responsible for Police Stations of particular jurisdictions. The CBI can
research just such of the offenses as are advised by the Central Government under the DSPE Act
(Gupta, 2018). Thus, the CBI has crucial role in investigation of economic scams.

Economic scams are a global phenomenon and have serious implications and consequences for
the growth of economy of the country. There is a wide spread perception that the level and
pervasiveness of economic scams are gaining significance. Post liberalization the economy of the
country started to gain momentum due to integration of the country ‘s economy with the world
economy. A quantum leap was witnessed in various sectors such as Industrial sector
Manufacturing sector, Services sector and even the public sector. This surge along with the
prosperity of the country also gave rise to various economic scams such as the Satyam Scam
Case, 2009 (Mchlawat & Raizada, 2023).
Like several other cases of this type, the Satyam case also came to the CBI as soon as the country
got wind of it. The CBI constituted a Multi-Disciplinary Investigation Team (MDIT) to
investigate the case. The team worked hard, burnt midnight oil and achieved success in a record
time of 45 days when it filed its first charge-sheet against the accused for offences of criminal
conspiracy, cheating, forgery and falsification of accounts. The magnitude of these scams was
devastating for the country and in the absence of any specialized agency to deal with
investigation of these scams, the entire onus of investigation fell on the Central Bureau of
Investigation the country ‘s premier investigating agency (Mchlawat & Raizada, 2023).

The Central Bureau of Investigation took upon itself the responsibility to investigate such scams
that were assigned to it. The Central Bureau of Investigation with the help of various enactments
such as Indian Penal Code, Foreign Exchange Regulation Act, Money Laundering Act, and
Prevention of Corruption Act and so on proved its capability by getting the prosecution theory
proved resulting in the establishment of culpability on the accused before the appropriate court of
law. To combat these devastating scams Indian Penal Code (IPC) was the main tool during the
pre-independence period. At that time the need for a special law to deal with it was not felt. But
the Second World War created menaces (shortages) (Central Bureau of Investigation, 2021).

Taking advantage of that situation, the unscrupulous elements exploited the situation which led
to large scale corruption in public life. Then the law makers sincerely felt that drastic legislative
measures needed to be taken immediately. Hence the Prevention of Corruption Act, 1947 was
enacted to fight these evils of. This Act did not redefine nor expand the definition of offences
resulted to corruption already existing in the IPC. However, the law defined a new offence
criminal misconduct in discharge of official duty for which enhanced punishments was stipulated
(Sharma, 2021).

Later in 1988, the Prevention of Corruption Act was enacted. It consolidates the provisions of the
Prevention of Corruption Act 1947, the Criminal Law Amendment Act, 1952 and some
provisions of IPC. It has also certain provisions intended to combat scams and corruption
effectively by public servants. In this Act the term ‘Public Servants’ is broadly defined and a new
concept ‘Public Duty’ is introduced (Rao, 2010). Besides trial on cases by Special Judges.
Recently, in the way of combating scams and corruption, the prevention of Money Laundering
Act 2002 was enacted empowering the Directorate of Enforcement, India, and Financial
Intelligence Unit, India to investigate and prosecute such public servants who hold ill-gotten
wealth in foreign countries and transfer to their homeland through money laundering (Kumar,
2015).

1.1.1 Historical Evolution of CBI

The origin of the Central Bureau of Investigation (CSI) goes back to 1941 when the Government
of India set up the Special Police Establishment to investigate cases of bribery and corruption in
transactions with the War and Supply Department of India during World War II. Even after the
War, the need for a Central Government agency was felt to investigate cases of bribery and
corruption by Central Government employees. Accordingly, the Delhi Special Police
Establishment Act was brought into force in 1946, which transferred the superintendence of the
Special Police Establishment to the Home Department and its functions were enlarged to cover
all departments of the Government of India.

Later, the Central Bureau of Investigation (CBI) was established in 1963 by a resolution of the
Ministry of Home Affairs, Government of India. Through this resolution itself, the Delhi Special
Police Establishment (DSPE) was merged with the CBI and made one of the divisions of the
CBI. Later, the CBI was transferred from the purview of the Ministry of Home Affairs to the
Ministry of Personnel, Public Grievances and Pensions. Since the Central Bureau of
Investigation (CBI) has been established by a resolution of the Ministry of Home Affairs, it is
neither a constitutional body nor a statutory body. The CBI derives its powers from the Delhi
Special Police Establishment Act of 1946.

Multi-Dimensional Coverage: From 1965 onwards, the Central Bureau of Investigation has also
been entrusted with the investigation of Economic Offences and important conventional crimes
such as murders, kidnapping, terrorist crimes, etc., on a selective basis.

Wings in CBI: The SPE initially had two Wings:

1) General Offences Wing (GOW)

2) Economic Offences Wing (EOW).

GOW Wing: The GOW dealt with cases of bribery and corruption involving the employees of
Central Government and Public Sector Undertakings.
EOW Wing: The EOW dealt with cases of violation of various economic/fiscal laws. Under this
setup, the GOW had at least one Branch in each State and the EOW in the four metropolitan
cities, which are Delhi, Madras, Bombay, and Calcutta.

Regional Branches: These EOW Branches dealt with offences reported from the Regions, which
means each Branch had jurisdiction over several States.

1.1.2 Central Bureau of Investigation’s expanding Role and Structure

 Competence Over the Years: The Central Bureau of Investigation, over the years, has
established a reputation for impartiality and competence, thereby investigating more
cases of conventional crime such as murder, kidnapping, terrorist crime, etc.
 Federal Court and CBI: Supreme court and the various High Courts of the country
entrusted cases for investigation to the CBI on petitions filed by aggrieved parties.
 High Profile Cases: CBI has experience in handling high-profile conventional crimes,
economic offences, banking frauds, and crimes with international linkages.
 International Collaboration: The Central Bureau of Investigation is designated as the
National Central Bureau of India for ICPO-INTERPOL.
 Suo-Moto Cases: CBI can Suo-moto take up investigation of offences only in the Union
Territories.
 State Consent Required: The Central Government can authorize the Central Bureau of
Investigation to investigate a crime in a State but only with the consent of the concerned
State Government.
 Role of Courts: The Supreme Court and High Courts, however, can order the CBI to
investigate a crime anywhere in the country without the consent of the State.

The CBI is led by a director, typically an Indian Police Service (IPS) officer of the rank of
Director General of Police. The agency comprises various ranks, including Special Directors,
Additional Directors, and Joint Directors, organized into seven divisions, each focusing on
specialized areas. The key divisions of CBI and their specialized works are discussed below:

 Anti-Corruption Branch: Investigates corruption-related offenses involving public

officials.
  Economic Offenses Wing: Deals with financial crimes, such as fraud and money
laundering.
 Special Crimes Unit: Handles high-profile cases, including terrorism and other serious
offenses.

Delhi Special Police Establishment Act, 1946, as amended in 2021:

Establishment: The Act establishes the Delhi Special Police Establishment for investigating
certain offences in Union Territories.

Powers: Members of the establishment have the same powers as local police officers in relation
to their investigations.

Offences: The Central Government can specify the offences to be investigated by the
establishment via notifications.
Superintendence: The investigation of corruption-related offences is overseen by the Central
Vigilance Commission, while other matters fall under the Central Government's jurisdiction.

Director Appointment: The Director is appointed by a committee including the Prime Minister,
Leader of Opposition, and Chief Justice of India, based on seniority and integrity.

Terms of Service: The Director serves a minimum of two years, with conditions for extension
and transfer requiring committee consent.

Directorate of Prosecution: A separate Directorate headed by a Joint Secretary conducts

prosecutions under the Act.

Extension to Other Areas: The Central Government can extend the establishment's powers to
states for investigating specified offences, subject to state consent.

Approval for Investigations: Prior approval from the Central Government is required for
investigations related to corruption under certain conditions.

1.1.3 CBI’s Jurisdiction and State Consent Issues

To prevent duplication of efforts and ensure clear jurisdiction, the following administrative
guidelines are in place:

 State police forces take charge of cases predominantly concerning state government
matters or employees, even if they involve central government officials.
 The SPE also takes up cases involving employees of public sector undertakings or
statutory bodies funded and controlled by the Central Government.

However, the Supreme Court and High Courts can order the CBI to investigate such a crime
anywhere in the country without the consent of the State.

 General consent: A general consent is given to facilitate the seamless investigation in a

case of corruption or violence.
 Specific consent: This hinders the seamless investigation by the CBI.
1.2 Functions of the CBI:

The primary functions of the CBI are as follows:

 1.Anti-Corruption Investigations: The CBI’s Anti-Corruption Division investigates cases

of corruption involving public servants, especially those employed in central government
departments, public sector undertakings, and financial institutions. It investigates bribery,
misuse of office, and fraud, especially in government procurement and public services
(Central Bureau of Investigation, 2021).
 2. Economic Crimes: The Economic Offenses Wing of the CBI deals with cases
involving financial fraud, bank fraud, corporate fraud, money laundering, and violations
of economic laws. It investigates large-scale scams, embezzlement, tax evasion, and
financial irregularities, especially those that have a significant impact on the national
economy (CBI Economic Offenses Wing, 2022).
 3. Special Crimes: The Special Crimes Division handles serious criminal cases, such as
murder, kidnapping, terrorism, organized crime, and cases involving human trafficking. It
also investigates cases referred to it by the judiciary or state governments that are
particularly complex or sensitive (Chakrabarty, 2019).
 4. Cybercrime Investigations: The CBI has a dedicated Cyber Crime Cell to investigate
offenses involving the use of information technology, including hacking, data theft,
online financial fraud, and child exploitation on the internet (Ministry of Home Affairs,
2022).
 5. Transnational Crimes: The CBI acts as the nodal agency for Interpol in India,
coordinating with international law enforcement agencies to tackle cross-border crime,
extradition, and offenses involving foreign jurisdictions. It deals with international
terrorism, trafficking, smuggling, and other transnational crimes (Gupta, 2019).
 6. Judicially Referred Cases: Courts in India, especially the Supreme Court and High
Courts, often direct the CBI to investigate cases where they feel the local law
enforcement agencies have either failed or are perceived to lack impartiality. These are
typically cases involving politically or socially sensitive issues (Jain, 2021).
 7. Investigations on the Request of State Governments: The CBI can take up cases
referred to it by state governments. However, it needs the state’s consent, except in cases
where it is directed by the courts (Sinha, 2018).
  8. Liaison with International Agencies: The CBI coordinates with international bodies
like Interpol and other foreign police agencies to track fugitives, solve cross-border
crimes, and manage information sharing in global investigations (Chand, 2021).

Now, understanding the mission and vision of the CBI is very important for comprehending
responsibilities and its effectiveness. Below is a structural explanation of why is essential to be
aware of CBI’s mission and vision

1.3 Mission and Vision of CBI

The legal powers of investigation of CBI are gotten from the DSPE Act 1946. This Act gives
simultaneous and coextensive powers, duties, privileges and liabilities on the members of Delhi
Special Police Establishment (DSPE) with Police Officers of the Union Territories. The Central
Government may reach out to any territory, other than Union Territories, the powers and
jurisdiction of members of the CBI for investigation subject to the consent of the Government of
the concerned State. While practicing such powers, members of the CBI of or over the position
of Sub Inspector will be regarded to be officer's responsible for Police Stations of particular
jurisdictions. The CBI can explore just such of the offenses as are informed by the Central
Government under the Delhi Special Police Establishment Act, 1946 (Kaur, 2021).

The CBI got answerable for the investigation of crimes then handled by the D.S.P.E., for
assortment of intelligence identifying with specific kinds of crime, cooperation in the work
associated with Interpol, upkeep of crime statistics, investigation of specialized crimes and
coordination of laws identifying with crime. The CBI holds the insightful powers of the DSPE.
Initially, the CBI only had the power to investigate offenses in the Union Territories. The CBI's
jurisdiction reaches out to other States who consented to this enlargement of control. In contrast
with state and local police, the CBI is ostensibly prevalent. As an initial phase in that direction
the Government of India have chosen to set up with impact from first April, 1963 a Central
Bureau of Investigation at Delhi (CBI, 2021). Throughout the years the character of the CBI has
undergone a critical change. Its role is never again confined to anti-corruption activities. It is by
and large progressively called upon to research the ordinary crimes and banking and other
economic offenses. Obviously, the primary purpose of its functions keeps on being on the
detection and investigation of offenses of bribery and economic scams committed by public
servants under the influence of the Central Government and its undertakings (Kaur, 2021).
1.3.1 Mission

To maintain the Constitution of India and law of the land through inside and out investigation
and effective prosecution of offenses; to give initiative and direction to police forces and to act as
the Nodal Agency for upgrading inter-state and international collaboration in law enforcement.
Motto Industry, Impartiality and Integrity (CBI Annual Reports, 2022).

1.3.2 Vision

In light of motto, mission and the need to create professionalism, transparency, flexibility to
change and utilization of science and technology in our working, the CBI will concentrate on.

 Evolve viable systems and techniques for fruitful investigation and prosecution of cases
in different law courts.
 Combating economic scams in public life, control economic and violent crimes through
fastidious investigation and prosecution.
 Create a healthy workplace that empowers teambuilding, free correspondence and shared
trust.
 Help battle cyber and high technology crime
 Play a lead role in the war against national and transnational organized crime.
 Support state police associations and law enforcement agencies in national and
international collaboration especially identifying with enquiries and investigation of
cases.
 Strive for greatness and professionalism in all circles of functioning so the association
ascends to high levels of attempt and accomplishment.
 Develop a scientific temper, humanism and the soul of request and reform.
 Uphold Human Rights, secure nature, expressions, antiques and heritage of our
civilization. Functions The CBI is the head investigating police agency in India. 19 It is a
tip top power assuming a significant role in safeguarding of values in public life and in
guaranteeing the health of the national economy. It is likewise the nodal police agency in
India which arranges investigation for the benefit of Interpol Member countries. The
services of its investigating officers are looked for every single significant investigation
in the nation. It was established under the following six heads:
  Technical Division
 Investigation and Anti-Corruption (Delhi Special Police Establishment). (CBI Annual
Reports, 2022).

1.3.3 CBI MOTTO

 From the CBI Official Motto (CBI Emblem)

“Industry, impartiality, integrity”

— Motto of Central Bureau of Investigation

This use as an opening quote to highlights the core principles of the CBI.

1.3.4 Research Division

 Crime Records and Statistics Division

 Administrative Division.
 Legal and General Division (CBI Annual Reports, 2022).

1.4 CBI Responsibilities and Roles

The Central Bureau of Investigation follows its source to the Special Police Establishment (SPE)
which was set up in 1941 by the Government of India (Lokaneeta, 2020). The functions of the
SPE then were to examine cases of bribery and economic scams in transactions with the War &
Supply Department. Of India during World War II, Superintendence of the S.P.E. was vested with
the War Department (Sharma, 2023). CBI is the nation's chief investigation agency to which the
individuals have more desires for its non-partisanship and impartiality.

In any case, the fact is that central government controls its greater part of functions. It mirrors
that CBI does not have the autonomous power and supports the government. In case there is a
need of investigating an issue identified with the ministers of the government, it relies upon
endorsement of the administrative position. This gives motivation to political gatherings contrary
to censure the CBI for its wasteful handling the issues thereby some call this agency as
government's agent. The agency has been effective somewhat to get autonomous, as the decent
supreme court of India has guaranteed them 'fractional independence' from the government. The
CBI role is to explore and report to the Supreme Court including activities of economic scams.
There are likewise examples, where independent investigation gets hampered because of
government education as the agency doesn't get the basic records as required for investigating the
case (Mehrotra, & Kolpula, 2024).

The legal powers of investigation of CBI are gotten from the DSPE Act 1946. This Act gives
simultaneous and coextensive powers, duties, privileges and liabilities on the members of Delhi
Special Police Establishment (CBI) with Police Officers of the Union Territories. The Central
Government may stretch out to any region, other than Union Territories, the powers and
jurisdiction of members of the CBI for an investigation subject to the consent of the Government
of the concerned State Govt. While practicing such powers, members of the CBI of or over the
position of Sub Inspector will be considered to be officers responsible for Police Stations of
particular jurisdictions. The CBI can research just such of the offenses as are informed by the
Central Government under the DSPE Act (Juyal, 2023).

This chief investigation agency has its loopholes as it isn't exceptionally compelling with regards
to dealing with crimes committed by serving politicians having a place with the party in power.
There have been numerous cases where the CBI has shown either hesitance to take up cases
against ruling party politicians, or when compelled to do as such, received tardy tactics. Judeo
case isn't the first of its sort. In the Havala case, the Supreme Court pulled up the CBI for
showing "latency" to explore offenses including persuasive people.

The CBI is additionally asserted to have been engaged with cases initiated basically to hassle and
threaten political opponents. The manner in which the CBI was manipulated and abused during
the Emergency is currently a piece of history. Significantly later on, it's handling of numerous
cases, as Bofors (Wikipedia contributors, 2023), HDW Submarine, the Airbus 320, Czech Pistol,
Nusli Wadia, S Gurumurthy, St Kitts, Chandra swamy, Lalloo Bhai Pathak, JMM, Mumbai Port
Trust and so on didn't win it public certainty. The CBI's role in these cases was viewed as
disputable, if not speculate (Commonwealth Human Rights Initiative, 2024).

#quotes: - On CBI’s role in law enforcement

 “The CBI is not an omnipotent agency, but it is expected to act as an agency of last resort
when others fail”

— Supreme Court of India, Vineet Narain v. Union of India (1997)

This quote use to highlight the importance of CBI in critical and high-profile cases.

1.5 Development and reforms of CBI

The development and reforms of the Central Bureau of Investigation (CBI) in India reflect its
evolution from a small investigative agency into a premier institution tasked with handling
complex and high-profile cases of national significance. Established in 1963 through an
executive order, the CBI was initially created to investigate corruption and serious crimes
affecting the central government. Over time, its mandate expanded to include a broader range of
criminal activities, such as economic offenses, terrorism, and organized crime. Significant
reforms began in the 1990s, driven by increasing concerns over the agency’s independence and
effectiveness (Madhava, 2017).

Additionally, the CBI has been involved in significant capacity-building efforts, including the
establishment of specialized units for financial crimes and cyber investigations. Despite these
advancements, challenges persist, particularly regarding jurisdictional disputes and the CBI’s
perceived vulnerability to political pressures. Some states have withdrawn general consent for
the CBI’s investigations, reflecting tensions between state and central authorities. To address
these issues, ongoing reforms aim to improve inter-agency coordination, enhance the CBI’s
operational independence, and implement stricter accountability measures. As the CBI continues
to adapt to the evolving landscape of crime and governance, its development underscores a
commitment to strengthening India’s criminal justice system while striving to maintain its
integrity and effectiveness amidst a complex political environment (Chaturvedi, 2022).

1.6 Strengths of the CBI:

1. Expertise and Professionalism: The CBI is known for its highly skilled personnel, including
investigators, forensic experts, and legal professionals. Its divisions, such as the Anti-Corruption
Division, Economic Offenses Wing, and Special Crimes Division, are tailored to handle specific
types of crimes (Sharma, 2018).

2. High-Profile Investigations: The CBI is often called upon to investigate cases of national
importance and high complexity, where local law enforcement agencies either lack the resources
or impartiality to conduct the investigation. Its work on large-scale corruption scandals and
serious criminal cases has garnered national and international recognition (Krishnan, 2018).

3. Judicial Oversight: The judiciary often entrusts the CBI with sensitive cases. This judicial
oversight, especially by the Supreme Court and High Courts, provides additional credibility and
ensures accountability in politically charged cases (Jain, 2020).

4. Wide Jurisdiction and Cooperation: The CBI has the authority to investigate cases across
India with the consent of the states. It also cooperates with Interpol and other international law
enforcement agencies in cases involving transnational crimes (CBI & Interpol, 2022).

5. Public Trust: Despite challenges, the CBI is still regarded as a relatively impartial and
competent agency by the public. It is often seen as the “last resort” for justice in cases where
other agencies fail to perform (Chand, 2021).

1.7 Challenges Facing the CBI

1. Political Influence: The most significant challenge facing the CBI is the persistent
allegation of political interference. The agency is under the administrative control of the
Ministry of Personnel, which reports to the Prime Minister’s Office. This structural
relationship has led to accusations that the CBI is used to settle political scores, especially
against opposition leaders. The state police are directly controlled by state governments,
while the CBI is under the central government’s control. This has led to accusations that
both agencies are influenced by political powers. The state police may be perceived as
favoring the ruling party in the state, while the CBI is sometimes viewed as acting in the
interest of the central government. Such political dynamics can affect the coordination
between the two agencies, particularly in high-profile or politically charged cases (Kapur,
2020).

#Quote: - On Political Interference in CBI

“The CBI has often been described as a ‘caged parrot’ speaking in its master’s voice.”

— Supreme Court of India, 2013 (Coal Scam Hearing)

2. Structural and Functional Autonomy: Various committees and experts have recommended
granting the CBI more independence from the executive branch. Proposals include setting
up a dedicated commission or board to oversee its functioning, thereby reducing political
pressure (Das, 2021).
3. Resource and Staffing Constraints: The CBI faces issues related to understaffing and
insufficient resources. Its capacity to handle complex investigations is often limited by
outdated equipment and lack of adequate personnel, leading to delays in the completion
of investigations (Kapur, 2020).
4. Case Backlog and Delays: Due to its wide-ranging jurisdiction and the increasing number
of cases referred to it by courts and governments, the CBI often struggles with a backlog
of cases, causing significant delays in delivering justice.
5. Public Perception and Accountability: Although the CBI enjoys considerable public trust,
any perception of political bias or selective investigations erodes its credibility. High-
profile cases, especially involving powerful figures, often attract intense scrutiny, and any
failure to deliver timely results harms its image. The CBI is often perceived as a more
reliable and impartial agency, especially in politically sensitive cases, compared to state
police forces, which are seen as being more vulnerable to local political pressures. Due to
its central control and specialized capabilities, the CBI is generally entrusted with cases
of greater national importance, leading to public expectations of a higher standard of
investigation (Kapur, 2020).
6. Jurisdictional Conflicts: Tension may arise over jurisdictional matters, particularly when
the CBI takes over a case originally handled by the state police. In some instances, state
governments may resist allowing the CBI to intervene, citing federalism concerns and the
need for local autonomy. Cases involving political sensitivity often led to friction,
especially when allegations arise that the CBI is being used to undermine state authorities
(Das, 2021).
7. Court-Mandated CBI Investigations: In certain cases, particularly those
involving human rights violations, large-scale corruption, or failure of local
investigations, the Supreme Court or High Courts may order the CBI to take
 over a case from the state police. This judicial intervention often happens
when there are allegations of bias, inefficiency, or political interference in
the state police’s handling of a case. In such scenarios, the courts view the
CBI as a more neutral and independent investigating agency (Das, 2021).

1.8 A Law for Central Bureau of Investigation

In order to have an effective justice system, our special investigative agencies must be given a
constitutional position. The Central Bureau of Investigation is still regulated by the DSPE Act,
making it a barrier for investigators to perform their duties in some cases. Due to staff shortages,
many investigative agencies often hunt down investigators from other agencies such as the
Intelligence Bureau‖ some leading to ineffective investigations (Singh, & Verma, 2018). The
same is true of our investigative frameworks. The latest equipment and the most adequate
equipment should be provided to investigative agencies, so that they do not have to deal with the
shortage of these small items, thus creating barriers to their goal of achieving an effective justice
system.

The Central Bureau of Investigation seeks a legal position, as the agency investigating the prime
ministers of the country, and the determination to act constitutionally in terms of section 6A of
the CVC Act 2003, which required the CBI to obtain prior approval before doing anything
investigation or inquiry into the positions of Joint Secretary and beyond, which come from the
CVC and not from the Central Government. There is no legal provision that precludes the
Central Bureau of Investigation from appointing its own advisers on matters relating to the
investigation and prosecution of politicians and senior officials. The legislature needs to provide
appropriate instructions on this matter under Articles 32 and 142 of the constitution. As such, the
advice is the choice of matters pertaining to investigations and prosecution of highly placed
politicians and bureaucrats the investigative agency, which is why one can clarify, how safe are
politicians and their officials. Such advice is dumb observers, who are simply puppets in the
hands of the authorities (Singh, & Verma, 2018).

The role of Advisors (lawyers) comes first here. As they are the means of justice, they need to
withdraw from representing the Premier's investigative body, the CBI in the event of a dispute
with members of the Executive and politicians under the ordinary powers of the court. It is
because the Supreme Court has provided appropriate directions to the Ministers concerned in the
Central Government to prevent them from preventing the CBI from eliminating local remedies
under Indian law in continuing its efforts to prosecute members of the Executive and Politicians.
In the absence of legal requirements that require the CBI to obtain permission to follow the
appeal route found under Indian law, the Central Government does not consider it mandated to
prevent the CBI from pursuing legal remedies for prosecution

This is closely related to Background of the Study as it builds upon the challenges associated
with organized crime and the inefficiencies in the justice system. The background section
highlights how globalization and technological advancements have contributed to the rise of
organized crime, making it more complex and difficult to tackle. It points out the limitations of
investigative mechanisms and the need for a stronger legal framework to combat corruption and
crime effectively. The discussion directly addresses these concerns by focusing on the Central
Bureau of Investigation (CBI) and its legal and structural limitations in tackling high-profile
crimes, including corruption and economic offenses (CBI, 2021).

One of the key issues raised in the background is the inefficiency of investigative agencies in
dealing with organized crime. It also reinforces this by emphasizing the legal constraints under
which the CBI operates, particularly its regulation under the DSPE Act (Government of India,
1946)., which restricts its ability to function independently. The background highlights the
increasing sophistication of criminals, necessitating stronger investigative frameworks, and
extends this argument by advocating for legal reforms to grant the CBI a constitutional position.
Without such reforms, investigative agencies will continue to face challenges in conducting
thorough and impartial investigations.

Furthermore, the study tries to discuss how technological advancements have enabled criminal
syndicates to expand their operations globally while law enforcement agencies struggle to keep
up. This aligns with this by stressing the need for modern equipment and adequate resources for
investigative agencies. The CBI, as a key institution responsible for tackling organized crime,
requires not only legal autonomy but also access to the latest technological tools to ensure
effective law enforcement (CBI, 2021). The lack of these resources creates barriers in achieving
an effective justice system, a concern that is central to the background discussion.
Another major issue highlighted in the background is political interference in law enforcement,
which weakens the integrity of investigations and allows criminal elements to evade justice. This
directly addresses this by discussing how political and bureaucratic influence limits the CBI’s
ability to investigate high-ranking officials and politicians. The mention of Section 6A of the
CVC Act 2003, which requires prior approval for investigations involving senior officials,
demonstrates how legal provisions can hinder investigative agencies from functioning
independently. This is a direct continuation of the argument in the background regarding the need
for a justice system that is free from external pressures and capable of effectively prosecuting
organized crime and corruption.

This underscores the need for legal provisions that allow the CBI to appoint its own advisers and
take independent decisions regarding prosecutions. This is relevant to the background discussion,
which points out that organized crime syndicates operate like parallel governments, often
enjoying political protection. The lack of legal clarity regarding the CBI’s autonomy in
prosecuting powerful individuals means that investigative agencies remain ineffective in
dismantling organized crime networks. The background section stresses that organized crime
undermines business integrity and public trust in governance, and proposes legal reforms as a
necessary step toward restoring accountability and strengthening the justice system.

Thus, the discussion is a direct extension of the concerns raised. While the background highlights
the growing threats posed by organized crime and the limitations of law enforcement agencies,
focuses specifically on the CBI’s role and the legal barriers it faces. By advocating for
constitutional recognition, legal independence, and better resources for the CBI, align with the
background’s call for a stronger justice system capable of addressing modern crime challenges
effectively.

1.9 Organized Crime

The most evident way that organized crime differs from other types of criminal activity is that it
is "organized." Generally speaking, it excludes sporadic, unexpected, and isolated criminal
activity. Rather, it concentrates solely on deliberate, logical behaviours that represent the work of
teams of people.
Definition: Organized crime is a continuing criminal enterprise that rationally works to profit
from illicit activities that are often in great public demand. (UNODC)

Different Types of Organised Crime

A broad spectrum of illegal acts that seriously jeopardize both national and international security
are included in organized crime. Drug trafficking, which involves the illicit manufacture,
spread, and purchase of narcotics and regulated drugs, is still one of the most widespread types
of organized crime. It contributes to addiction, violence, and economic instability. Similar to this,
human trafficking is a serious human rights violation in which people find themselves
compelled into prostitution, forced labour, or other harmful situations. The illicit sale and
transfer of firearms and ammunition, which frequently supplies criminal syndicates and
terrorist organizations and escalates bloodshed and geopolitical instability, is another urgent
issue. Money laundering, the process by which illegally obtained monies are hidden and
incorporated into the legitimate economy through companies and monetary institutions, threatens
monetary integrity and is the financial foundation of organized crime. As electronic devices have
advanced, organized hacking, financial fraud, identity theft, and ransomware assaults have all
become major threats that result in significant data and revenue breaches.

Additionally, organized crime organizations use threats and pressure to obtain money, property,
or services through extortion and racketeering; they frequently operate inside respectable
companies or governmental institutions. Simultaneously, formal networks that give extremist
organizations money and logistical support enable the financing and operations of terrorism,
sustaining instability throughout the world. With the extensive manufacture and supply of forged
currency, branded products, and official documents, the counterfeiting industry also provides a
substantial source of funding for criminal groups, having a substantial negative influence on
economies and enterprises.

They also operate as casinos and secret betting syndicates, and they are frequently connected to
violent conflicts, a scam, and money laundering. In addition, criminal networks use a method
commonly used by terrorist and rebel groups: kidnapping for ransom, in which victims are
taken for monetary or political advantage.
Ecological degradation and biodiversity loss result from wildlife and environmental crimes,
which go beyond crimes focused on people. These crimes include poaching, illegal logging, and
the smuggling of endangered species. Organ trafficking, the unlawful commerce in human
organs, also relies on illegal transplants, taking advantage of disadvantaged groups and going
against medical ethics.

Classification of organised crime: Structure and Operational Dynamic

Different varieties of organized crime can be distinguished by their operational breadth and
structural hierarchy.

One well-known kind is hierarchical organized crime, which is distinguished by a rigid

administrative structure, centralized leadership, and clearly defined responsibilities inside the
criminal organization. Prominent instances include the Yakuza, Triads, and Mafia, which
uphold strict organizational discipline and impose power via economic motion, brutality, and
corruption.

State-sponsored organized crime is another important category, in which state actors or the
government promote national or political objectives through illegal activities like drug
trafficking, espionage, and political killings. The legal protection and diplomatic immunity that
this type of organized crime frequently enjoys make it more difficult for nations to combat its
effects.

Transnational organized crime (TOC), which includes criminal groups that operate in several
nations and support illicit operations like drug cartels, human trafficking, arms smuggling, and
money laundering, is closely related. International collaboration is crucial for the eradication of
TOC because of its global reach, which allows these syndicates to take advantage of
jurisdictional gaps.

Furthermore, gangs and criminal enterprises operate as loosely organized but extremely
violent organizations that frequently engage in firearm violations, extortion, drug trafficking, and
people trafficking. Notable instances of street gangs that control illegal economy in metropolitan
areas include MS-13, Hells Angels, and street gangs associated with Latin American cartels.
These gangs commonly use their networks for cross-border criminal cooperation and vicious turf
fights.

Organized crime offenders need huge amount of money to operate from various locations and to
purchase modern equipment. As a result, they have been involved into crimes like trafficking of
drugs and human being, counterfeiting of currency notes, scams and other economic frauds etc.
to make easy money. The organized crime offenders collect black money. They are also involved
in the transfer of money through illegitimate channels, in evasion of taxes, and in manipulation
of prices and hoardings (Ansari et al., 2015). Two adverse effects of generation of black money
are quite evident. One is the emergence of parallel economy that runs as per its own norms,
trusts, rules, culture and permeates in all spheres of life. The other is the money power that
influences people, corrupts politicians, wins over many authorities, and affects the smooth
governance of any country.

The channelization of black money into legitimate business with the help of laundering
techniques gives social status to the organized crime offenders. Investment in real estates, film
production and various other types of business activities are also helping the organized crime
offenders in the process of legitimization of black money (Saxena, 2021). All these types of
crimes have emerged, as a serious threat to existing social orders.

Organized crime racketeers are rich, sophisticated and well qualified. They have been
committing the crime in a very well-organized manner. The Mafia have been functioning in a
highly secretive and organized manner. Even the members of group holding higher position are
not recognized by the criminals operating at lower hierarchy. Organized crime syndicates have
been using violence, or threat of violence, intimidation or coercion as a means to commit crime.
Organized crime Mafia have been functioning under the cover of legitimate business, using
force, fraud, blackmail, corruption, inducement etc. to get their work done (informed by experts
on organized crime). It seeks to corrupt the Social and Economic Institutions, Business
Organizations, Politicians, the Police, the Judicial System, and every other segment, in ruthless
pursuit of its criminal activities and profit motive. One of the manifestations of organized crime
is the absolute power of gang leader, and their boundless capacity to exert influence through
corruption, coercion or selective use of violence, on those who are concerned with their
activities, socially, commercially or politically (Saxena, 2021).
In other words, terrorists and organized crime groups may engage in similar actions, even if they
often have different goals (Bassiouni, 1990). The use of organized crime by terrorist
organizations to finance their political goals is a prime example. Thus, terrorist groups might use
the standard strategies of organized crime, such making money through drug trafficking or other
illegal trade. In this regard, states are also urged to acknowledge the connection between
transnational organized crime and terrorist attacks by UN General Assembly Resolution 55/25,
which adopts the Convention against Transnational Organized Crime.

Figure 1.1 Crime-terror nexus

Organized crime is characterized by both the nature of the criminal conduct and also by the
structure of the criminal group. Under the UN Convention against Transnational Organized
Crime, an "organized criminal group" is defined using four criteria:

1. A structured group of three or more persons (that was not randomly formed);

2. The group exists for a period of time;

3. It acts in concert with the aim of committing at least one serious crime (punishable by at
least four years of incarceration);

4. To obtain, directly or indirectly, a financial or other material benefit.

1.10 Role of CBI in combatting Organized crime

In India, organized crime poses a serious risk to law enforcement because of its complex
operations, global networks, and socioeconomic effects. This is something that the Central
Bureau of Investigation (CBI) is supposed to handle by using its specific knowledge and
mission. The Delhi Special Police Establishment Act, 1946, which the CBI is built on, gives it
the authority and powers to look into complicated and interstate crimes, including organized
crime (indiacode.nic.in). Utilizing cutting-edge investigative methods including surveillance and
digital forensics, the CBI breaks up organized criminal networks. But restricted jurisdiction,
reliance on state government approval, and budget limitations sometimes undermine the CBI's
efficacy (Dinesh, 2024) The CBI keeps improving its operations and innovating in spite of these
obstacles. Despite these challenges, the CBI continues to modernize, adopt and refine its
operational strategies in staying ahead of criminal networks. However, the threat of organized
crime is not confined to India alone.

“Organized crime thrives worldwide, affecting governance and political processes, and
weakening the advancement of the rule of law” (https://www.unodc.org/unodc/en/organized-
crime/intro.html?utm). Increasing trend of Globalization, Urbanization and Industrialization has
been helping organized crime offenders to develop transnational linkages. Organized crime
offenders belonging to one country have been getting involved into the crime committed, in
another country. Not only this, but with the advent of new technologies, criminals have been
using modern gadgets to commit crime in a more sophisticated and complicated manner in
comparison to traditional criminals. These networks exploit these technological advancements,
loopholes in international law and weak enforcement mechanisms in different jurisdictions in
expanding their influence. While the CBI collaborations with INTERPOL and other global
agencies to combat transnational crime, the lack of a unified international enforcement
framework and differences in legal systems often pose significant hurdles. To effectively counter
the rising tide of organized crime, there is a growing need for stronger international cooperation,
intelligence sharing and policy reforms that enhance law enforcement capabilities on a global
scale. Thus, there is a necessity to know and learn more about CBI, INTERPOLS and other such
organizations and how it helps in combatting organized crime. The below following sections will
offer an overview on organized crime.
#Quote: - Academic insight on Organized crime and CBI

“The CBI stands as India’s premier investigating agency, playing a key role in dismantling
organized crime networks and prosecuting economic offenders.”

— Kumar, A. (2017). Organized Crime and Law Enforcement in India. Journal of Criminal
Justice Studies.

This use to strengthen academic foundation regarding CBI’s role in organized crime.

1.11 Emerging phenomenon of organized crime at National level

The origin of organized crime may be traced back to ancient times in different ways like;
political empowerment, peasants revolt against French Rulers, thugee etc. In medieval times,
feudal lords were not usually engaged in what we would consider ―criminal activities today, yet
their hierarchical Courts, monopoly of violence, extension of protection to their serfs in
exchange for labor and a percentage of harvests and durability are structurally similar to classic
organized crime groups. Pirates, Highwaymen and Bandits used to attack people in trade routes
and on roads during olden days. (Holmes, 2016).

In India, criminal gangs have been operating since ancient times. Thugs (Thugs is a Hindi word a
group of people used commit robbery followed by murder to the travelers in India) used to travel
in forest without arms in the form of pilgrims and ascetics. First of all, they used to gain
confidence of people by way of genius tricks and on the false pretexts and then used to take
money and other valuable goods and murder them. (Sahni & Bhadra, 2021). Profession of
“thugee” used to continue from one generation to another. The leaders of long-established, ‘thug
‘groups used to come from hereditary lines. Getting membership of thugee gang was difficult.
Upcoming criminals used to try hard to get recruited themselves as a member of “thugee gang”
(Moore, 2024).

Organized crime in India has a long and complex history, with Thuggee being one of its earliest
and most infamous manifestations. The Thugs, as they were commonly known, were organized
bands of criminals who engaged in robbery, deception, and ritualistic murder, often targeting
travelers across the Indian subcontinent. Many Thuggee groups were devout worshipers of
Goddess Kali, the Hindu goddess of destruction, believing that their acts of strangulation were a
form of ritual sacrifice (Roy, 2016). However, some Thuggee factions claimed descent from
Muslim tribes, reflecting the diverse social composition of these criminal groups (Dash, 2005)

While Thuggee was a significant aspect of historical crime in India, organized crime was not
limited to Thugs alone. Other forms of criminal activity, such as dacoity (banditry), loot,
sedition, and piracy, were also widespread, particularly in regions with weak law enforcement
and political instability. Throughout India's history, during periods of transition from Hindu
Rajput rule to Muslim Mughal emperors and later British Viceroys, various criminal groups
aligned themselves with changing power structures for survival and strategic advantage. Some
Thugs displayed dual religious affiliations, adopting both Hindu and Muslim identities, yet their
ultimate loyalty was often to their own secretive brotherhood and criminal enterprises (Singh,
2012).

The British colonial administration viewed Thuggee as a major law-and-order problem and
launched an extensive crackdown, culminating in the Thuggee and Dacoity Suppression Acts of
1836 and 1839. Under Governor-General William Bentinck, the British dismantled the Thuggee
networks, leading to thousands of arrests and executions (Wagner, 2007). However, even after
the suppression of Thuggee, organized crime continued to evolve, adapting to economic changes,
colonial policies, and later, post-independence governance structures. (Nalla, & Nam, 2021).

Sometimes, the young children of the travelers used to be spared while killing travellers to
groom them to become thugs. The presence of children on a mission used to help allay suspicion.
(Dash Mike, 2005). Another way to become thug was by training with a “guru” (a teacher). This
was like an apprenticeship for profession, during which the candidates used to be assessed for
reliability, courage, discretion and discipline (Nalla, & Nam, 2021).

1.12 Interpol and organized crime and relation to CBI

The United Nations Convention against Transnational Organized Crime for the first time defined
the concept of group. The basic element of organized crime is that it needs a group of persons to
get involved into criminal activity. According to the present definition, minimum number of
persons in the syndicate is three. So far, none of the definition has emphasized on minimum
number of persons more than three. This is not possible to commit such serious crime only with
the existence of a group having minimum three members. This shows that large number of
organized crime syndicates do not engage larger number of persons in the group. Rather, people
who commit crime at grass root level are usually hired and paid money. They are even not aware
who is the boss or chief of the organization. According to Interpol’s Organized Crime Unit
―Any group of criminals that have a corporate structure, whose primary objective is to obtain
money and power through illegal activities often surviving on fear and corruption‖ (Rostami &
Joo, 2021).

Given the transnational nature of many criminal activities, the CBI acts as the designated
National Central Bureau (NCB) of INTERPOL in India, facilitating international cooperation for
crime investigations (CBI, 2022). The CBI uses INTERPOL’s secure global police
communications system (I-24/7) to exchange criminal intelligence and access international
databases related to terrorism, human trafficking, stolen assets, and cyber threats (Singh, 2020).

Salient features of Interpol ‘s definition are discussed below:

i. First and foremost, requirement of this definition is that a group of criminals should have
corporate structure. This means that Mafia are expected to function in a systematic
manner with defined responsibilities.

ii. The aim of syndicate is to obtain not only money but power also.

iii. The only difference between legitimate corporation and organized crime Mafia is that the
gang leader wishes to acquire money and power through illegal means while legitimate
corporation acquire money through legitimate means.

iv. The gangs are functioning by way of creating fear among people and they are also
corrupt.

Despite this collaboration, several challenges hinder effective international crime control efforts.
The CBI’s restricted jurisdiction, which requires state government approval for investigations,
sometimes limits its ability to act swiftly in cases with international connections. Additionally,
diplomatic and legal differences between countries often slow down extradition and cross-border
investigations (Mehta, 2021). However, with enhanced mutual legal assistance treaties (MLATs)
and growing reliance on digital forensic tools, the CBI-INTERPOL partnership continues to
strengthen India's capacity to combat transnational organized crime

At the very beginning INTERPOL has tried to give emphasis on group of persons. What would
be number of persons to formulate a criminal group is not indicated. Present definition has got
the feature of definition given by United States Task Force. Monetary gain has been one of the
prime motives of organized crime syndicates. Greater emphasis has been given on fear and
corruption. Corruption has already been included in the definition of Grassy. This definition has
given much emphasis on corruption. Corruption may be one of the bases of organized crime, but
not the essential element of organized crime. Moreover, ―Corporate structure‖ becomes a
problematic term. Many organized crime syndicates are in loose coalition. Many of South Africa
‘s organized crime syndicates consist of networks of criminals rather than rigid structures of
authority South African crime seems to prefer loose, shifting alliance with other syndicates
(Woodiwiss, 2024). This is relevant in the Indian context, where organized crime does not
always follow a corporate structure but rather consists of decentralized, adaptable criminal
networks engaged in smuggling, drug trafficking, extortion, and financial fraud (Singh, 2018).

The Central Bureau of Investigation (CBI), as India’s premier investigating agency, faces
significant challenges in dealing with such dynamic criminal networks. While the CBI has
jurisdiction over interstate and organized crime cases, it often requires state government
approval, which can delay swift action against syndicates operating across multiple states (CBI,
2022). Furthermore, the rise of cyber-enabled organized crime, including financial frauds,
digital extortion, and online trafficking, requires the CBI to enhance its collaboration with
INTERPOL for real-time intelligence exchange and coordinated action against transnational
syndicates.

To effectively counter loosely structured criminal organizations, the CBI has adopted advanced
investigative techniques, such as digital surveillance, forensic accounting, and cybercrime
tracking. Additionally, the agency collaborates with INTERPOL’s global policing framework,
leveraging red notices and international legal assistance treaties (MLATs) to track fugitives and
dismantle criminal syndicates operating beyond India’s borders (Mehta, 2020).

While INTERPOL’s evolving definition of organized crime emphasizes monetary gain,

corruption, and fear, the CBI’s role in tackling such crime in India is often complicated by
jurisdictional constraints and evolving criminal structures. Unlike traditional mafia-like
organizations, many Indian and South African crime syndicates operate as fluid networks,
making them harder to infiltrate and dismantle. Addressing this challenge requires enhanced
international cooperation, modern investigative tools, and policy reforms to strengthen the CBI’s
ability to combat both domestic and transnational organized crime effectively.

various notice issued by Interpol

They are international requests for co-operations or alerts issued that facilitate the exchange of
information related to crime of the highest importance to the police of member countries.

Types of notices:

1. Red Notice (Wanted Person)

2. Yellow Notice (Missing Person)

3. Blue Notice (Additional Information)

4. Black Notice (Unidentified Dead Bodies)

5. Green Notice (Warning and Intelligence)

6. Orange Notice (Immediate Danger)

7. Purple Notice (Modus Operandi)

8. Silver Notice (Pilot Phase)

9. Interpol – United Nations Security Council Special Notice (Entities and Individuals
Violating UNSC Sanctions issued by General Secretariat.

Reference: March :2025, Monthly Magazine, www. libertygroup.in

CHAPTER-02

2. Review of Literature

1. Legal and Institutional Framework

 (Ukey, & Aiyer, 2023) stated that to combat the devastating corruption Indian penal
code (IPC) was the main tool during the pre-independence period. The code had a
chapter on ―offences by public servants ‘. Section 161 to 165 provides the legal
framework to prosecute corrupt public servants. At that time the need for a special
law to deal with corruption was not felt. Then the law makers sincerely felt that
drastic legislative measures needed to be taken immediately. Hence the Prevention of
Corruption Act, 1947 was enacted to fight the evils of bribery and corruption.
 Datta (2023) showed that despite their investigative autonomy, both the CBI and FBI
operate within the broader framework of their respective legal systems and are subject
to oversight by judicial, executive, and legislative bodies. This oversight ensures
accountability, transparency, and adherence to the rule of law, thereby safeguarding
the rights and liberties of individuals while upholding the public interest in combating
crime and ensuring justice.
 Tátrai, (2024) analyzed that the legal framework of the CBI in India is characterized
by a degree of ambiguity and bureaucratic constraints, stemming from its origins as a
special police force established under the Delhi Special Police Establishment Act,
1946. While subsequent amendments have expanded the CBI’s mandate and powers,
including its authority to investigate corruption and economic offenses, the agency
still faces challenges related to political interference, resource constraints, and
jurisdictional limitations. CBI’s dependence on the central government for funding
 and administrative support can impede its autonomy and effectiveness in carrying out
investigations.
 Jain (2020) highlights the significant constraint on CBI because of the need for
obtaining consent of state government for any investigations. This requirement limits
the agency’s ability in functioning independently and often delays or obstructs probes
into organized crime, especially in politically sensitive cases, because of this, the CBI
faces jurisdictional challenges which hinder its efficiency in tackling interstate and
transnational criminal networks. The researcher also argues that the limitations
weaken law enforcement efforts and calls for legal reforms to grant the CBI more
autonomy in investigating organized crimes.
 Sharma (2021) discussed the evolving role of the CBI in adapting to the ever-
changing landscape of organized crime. The study highlights the agency’s efforts to
investigate the capabilities through collaboration with state police and international
organisations like INTERPOL. These partnerships enable the CBI in tackling the
crimes more efficiently despite the challenges. The researcher also emphasizes the
need for continued modernization and global cooperation in strengthening the role of
CBI in combating organized crime.
 Naresh (2022) studied that the legal frameworks governing the Central Bureau of
Investigation (CBI) in India and the Federal Bureau of Investigation (FBI) in the
United States provide the basis for their respective mandates, investigative powers,
jurisdiction, and autonomy. He stated that in India, the CBI operates under the Delhi
Special Police Establishment Act, 1946, and subsequent amendments, which grant it
authority to investigate offenses specified in the Indian Penal Code, Prevention of
Corruption Act, and other statutes. Thus, The CBI's jurisdiction extends to cases
referred by state governments, the judiciary, and the central government, as well as
those involving interstate and international ramifications.
 Chugh & Yadav (2024) stated that both the CBI and FBI possess broad investigative
powers, including the authority to conduct searches, make arrests, seize evidence, and
interrogate suspects. However, the exercise of these powers is subject to legal
constraints, such as the requirement to obtain search warrants or arrest warrants from
competent judicial authorities. Moreover, both agencies are bound by procedural
 safeguards and constitutional rights, such as the right to due process, the right to
counsel, and the prohibition against unreasonable searches and seizures.
 Pattali et al., (2024) said that in terms of jurisdiction, the CBI primarily investigates
cases involving offenses committed within India’s territorial boundaries, although it
may also extend its reach to cases with international dimensions or those involving
Indian nationals abroad. Similarly, the FBI’s jurisdiction covers offenses that violate
federal laws or involve federal interests, including crimes committed across state
lines, crimes affecting interstate commerce, and crimes against the federal
government.
 Vaishnav (2024) highlights the unique strengths of the Central Bureau of
Investigation (CBI) that set it apart from agencies like the FBI. The CBI’s nationwide
jurisdiction allows it to coordinate investigations across multiple states and agencies,
making it a critical player in handling complex cases. Additionally, its deep
understanding of India’s legal framework, cultural intricacies, and socio-political
environment gives it a strategic advantage in conducting investigations effectively.
These factors enable the CBI to navigate challenges that international agencies might
struggle with in the Indian context.
 Lakshman (2022) discusses the severe impact of corruption on national progress and
the urgent need to combat it. The study emphasizes that corruption remains a major
challenge in India, hampering governance and economic development. To address
this issue, the Central Government has enacted several Anti-Corruption Laws and
established bodies like the Central Vigilance Commission (CVC), the Central Bureau
of Investigation (CBI), and the Anti-Corruption Bureau (ACB). These institutions
play a crucial role in enforcing legal provisions aimed at preventing and eliminating
corruption at various levels.
 The Ministry of Home Affairs (2023) emphasizes the importance of clearly defining
the CBI’s jurisdiction to prevent conflicts with state police forces. The report
highlights that jurisdictional overlaps often lead to inefficiencies and legal disputes
that delay investigations. To address this, strengthening collaboration and improving
information-sharing mechanisms between the CBI and state law enforcement
 agencies is essential. Such measures would enhance coordination, streamline
investigations, and improve the overall effectiveness of the agency.
 Sharma, R. K. (2024) underscores the need for legal reforms to strengthen the
investigative powers of the CBI. The study calls for updating existing laws to provide
statutory backing for modern investigative techniques, such as digital forensics and
surveillance. Additionally, streamlining legal procedures could help expedite
investigations and trials, reducing delays in high-profile cases. These reforms would
enhance the efficiency and effectiveness of the CBI in handling complex and
evolving criminal activities.
 Salih & Dabagh, (2023) explore the significance of advanced technology and
modern infrastructure in strengthening the CBI’s investigative capabilities. The study
emphasizes the need for equipping the agency with cutting-edge tools for digital
forensics, data analysis, and crime mapping to effectively tackle sophisticated
criminal activities. By leveraging technology, the CBI can enhance its ability to track
criminal networks, analyze vast amounts of data, and improve investigative accuracy.
The integration of such advancements is crucial for staying ahead of evolving threats
in organized crime and cybercrime.

3. Investigative Techniques and Approaches

 Pandey, (2017) highlighted the case of the Vyapam Scam which involved corruption
in the Madhya Pradesh Professional Examination Board (Vyapam) in which
fraudulent admissions and appointments were made through rigged exams. The CBI
used document analysis, witness interrogation, and surveillance to unravel the
networks involved. Digital evidence, including hacking of electronic data, played a
crucial role in exposing the scale of the scam.
 Vyapam Scam (2013): The Vyapam Scam involved corruption in the Madhya
Pradesh Professional Examination Board (Vyapam) in which fraudulent admissions
and appointments were made through rigged exams. The CBI used document
analysis, witness interrogation, and surveillance to unravel the networks involved.
 Digital evidence, including hacking of electronic data, played a crucial role in
exposing the scale of the scam.
 Satyam Computer Services Fraud (2009): In one of India’s largest corporate
frauds, Satyam Computer Services' management falsified company accounts to inflate
profits. The CBI used financial forensic analysis, accounting scrutiny, and employee
testimony to expose the fraud. The use of digital forensics to trace email exchanges
and financial records helped build the case.
 Unnao Rape Case (2017): The CBI was entrusted with investigating the Unnao Rape
Case, where a woman accused a sitting MLA of rape. The CBI employed traditional
investigation methods, such as gathering physical evidence from the crime scene and
conducting interviews, in addition to using digital forensics to track online
communications. They also used surveillance and forensic pathology to corroborate
the victim’s story.
 Nirbhaya Case (2012): In the aftermath of the brutal gang rape of a woman in Delhi,
the CBI utilized forensic analysis, DNA testing, and the examination of mobile phone
records to track down the perpetrators. Surveillance footage and victim statements
were critical in identifying the accused, while digital forensics helped reconstruct the
crime.
 Ishrat Jahan Encounter Case (2004): The CBI investigated the controversial
encounter killing of Ishrat Jahan, claiming she was a terrorist. The investigation
employed forensic analysis of ballistic evidence, wiretapping, and mobile phone
tracking. Digital records, including call data and surveillance footage, were pivotal in
questioning the authenticity of the encounter.
 Babri Masjid Demolition Case (1992): In the Babri Masjid demolition case, the CBI
used witness testimonies, archival video footage, and forensic analysis of the site to
gather evidence. Surveillance and cross-checking of mobile records helped build a
timeline of events, and the investigation also included questioning key political
figures involved in the case.
 Lalit Modi Case (2010): The CBI investigated the financial irregularities and
corruption in the IPL under the leadership of Lalit Modi. The investigation included
forensic audits, financial tracing, and examination of IPL records to uncover money
 laundering activities. Digital forensics was also employed to analyze transactions and
online communications.
 Adarsh Society Scam (2010) : The CBI probed the Adarsh Housing Society scam,
involving illegal allotments of apartments meant for war widows. The investigation
involved document analysis, interviews, and forensic examination of records to
establish corruption links. Surveillance of key suspects and financial forensics helped
expose illegal connections between politicians and defense personnel.
 Pune Blasts Case (2010): In the Pune Blasts case, the CBI used intelligence
gathering, digital forensics, and extensive surveillance to identify the terrorists
responsible for the bombing. The agency used mobile tracking, email interception,
and financial records to trace the movements of the accused.
 Nirav Modi PNB Fraud Case (2018): In the Punjab National Bank (PNB) fraud, the
CBI used forensic accounting, digital forensics, and international cooperation to trace
the fraudulent transactions conducted by Nirav Modi and his associates. Investigators
analyzed bank records, email correspondences, and financial transactions to uncover
the vast money laundering network.
 In these high-profile cases, the CBI has demonstrated the application of a variety of
investigative techniques, including financial forensics, surveillance, digital forensics,
and international cooperation. These methods have been pivotal in solving complex
cases involving corruption, financial crimes, terrorism, and more, highlighting the
agency's evolving approach to tackling organized crime and corruption.
 Bhasin, (2016) researched on one of India’s largest corporate frauds, Satyam
Computer Services' management falsified company accounts to inflate profits. The
CBI used financial forensic analysis, accounting scrutiny, and employee testimony to
expose the fraud. The use of digital forensics to trace email exchanges and financial
records helped build the case.
 Sharma, (2018) showed that the CBI was entrusted with investigating the Unnao
Rape Case, where a woman accused a sitting MLA of rape. The CBI employed
traditional investigation methods, such as gathering physical evidence from the crime
scene and conducting interviews, in addition to using digital forensics to track online
 communications. They also used surveillance and forensic pathology to corroborate
the victim’s story.
 Ghosh, (2022) studies that in the aftermath of the brutal gang rape of a woman in
Delhi, the CBI utilized forensic analysis, DNA testing, and the examination of mobile
phone records to track down the perpetrators. Surveillance footage and victim
statements were critical in identifying the accused, while digital forensics helped
reconstruct the crime.
 Sharma, (2013) elaborated the Ishrat Jahan Encounter Case that took place in 2004.
The CBI investigated the controversial encounter killing of Ishrat Jahan, claiming she
was a terrorist. The investigation employed forensic analysis of ballistic evidence,
wiretapping, and mobile phone tracking. Digital records, including call data and
surveillance footage, were pivotal in questioning the authenticity of the encounter.
 Pradhan, (2020) showed that Babri Masjid Demolition Case which took place in the
year 1992, the CBI used witness testimonies, archival video footage, and forensic
analysis of the site to gather evidence. Surveillance and cross-checking of mobile
records helped build a timeline of events, and the investigation also included
questioning key political figures involved in the case.
 Finology, (2019) documented the Lalit Modi Case (2010). The CBI investigated the
financial irregularities and corruption in the IPL under the leadership of Lalit Modi.
The investigation included forensic audits, financial tracing, and examination of IPL
records to uncover money laundering activities. Digital forensics was also employed
to analyze transactions and online communications.
 Srivastava, (2024) highlighted that the CBI probed the Adarsh Housing Society
scam, involving illegal allotments of apartments meant for war widows. The
investigation involved document analysis, interviews, and forensic examination of
records to establish corruption links. Surveillance of key suspects and financial
forensics helped expose illegal connections between politicians and defense
personnel.
 (Dutta, 2021) documented the Nirav Modi PNB Fraud Case which happened in 2018.
In the Punjab National Bank (PNB) fraud, the CBI used forensic accounting, digital
forensics, and international cooperation to trace the fraudulent transactions conducted
 by Nirav Modi and his associates. Investigators analyzed bank records, email
correspondences, and financial transactions to uncover the vast money laundering
network.
 Banerjee, (2020) showed that the Bofors Scandal revolved around allegations of
kickbacks in a defense deal between the Indian government and Swedish arms
manufacturer AB Bofors. The Central Bureau of Investigation (CBI) probed bribery
charges involving top Indian politicians and defense officials. Despite extensive
investigations, the case encountered numerous legal challenges, leading to the
eventual closure without any convictions.
 Srivastava, (2024) showed that the 2G Spectrum Case involved allegations of
massive irregularities in the allocation of 2G spectrum licenses, purportedly causing
significant financial losses to the exchequer. The CBI filed charges against politicians
and businesspersons, but in 2017, a special CBI court acquitted all accused, citing
insufficient evidence to substantiate the claims.
 Longdom (2020) documented the Coal Allocation Scam pertained to the
misallocation of coal blocks, resulting in undue benefits to private entities. The CBI's
investigation led to multiple chargesheets against politicians and companies,
culminating in several convictions, including that of a former coal secretary,
underscoring the agency's role in addressing high-profile corruption cases
 Kumar and Gupta (2019) analyze the role of the Central Bureau of Investigation
(CBI) in dismantling organized crime syndicates through advanced investigative
techniques. They highlight how surveillance, digital forensics, and undercover
operations help track criminal networks, collect evidence, and ensure successful
prosecutions. Their study emphasizes the CBI’s evolving strategies in response to the
growing sophistication of organized crime.
 Singh (2023) explores the increasing use of intelligence-led investigations and
technological advancements in tackling crimes such as drug trafficking, human
trafficking, and money laundering. The study highlights how data analytics, artificial
intelligence, and cyber forensics enable law enforcement agencies to identify criminal
patterns, disrupt illicit financial flows, and enhance cross-border cooperation.
 One of the most infamous cases was the Bofors Scandal (1980s), where allegations
surfaced about kickbacks in a defense deal between the Indian government and
Swedish arms manufacturer AB Bofors. The CBI investigated bribery charges
involving top Indian politicians and defence officials. However, despite extensive
probes, the case faced multiple legal hurdles, and no convictions were secured.
 Similarly, in the Hawala Scandal (1990s), the CBI uncovered a money laundering
nexus between politicians and hawala operators. While several prominent figures
were charged, many were later acquitted due to a lack of concrete evidence.
 In the 2G Spectrum Case (2008), massive irregularities in the allocation of 2G
spectrum licenses were alleged, causing significant financial losses to the exchequer.
The CBI filed charges against politicians and businesspersons, but in 2017, a special
CBI court acquitted all accused due to insufficient evidence.
 Another financial scam, the Coal Allocation Scam (2012), involved the
misallocation of coal blocks, leading to undue benefits for private entities. The CBI
filed multiple chargesheets against politicians and companies, resulting in several
convictions, including that of a former coal secretary.
 The Vyapam Scam (2013) in Madhya Pradesh involved irregularities in entrance
exams conducted by the Madhya Pradesh Professional Examination Board (Vyapam).
With multiple reports of unnatural deaths of witnesses and accused, the Supreme
Court handed over the case to the CBI. The investigation led to numerous arrests, and
several cases are still under trial.
 The Sheena Bora Murder Case (2015), where a media executive was accused of
killing her daughter, was another high-profile investigation. The CBI took over the
case from the Mumbai Police, leading to the arrest of key suspects, and the trial is still
ongoing.
 One of the biggest financial frauds in India was the Punjab National Bank (PNB)
Fraud Case (2018), where fraudulent Letters of Undertaking were issued by bank
officials, leading to huge financial losses. The CBI investigated the case and charged
prominent jeweler Nirav Modi and his associates. Modi was arrested in the UK, and
extradition proceedings are underway.
  Similarly, in the Unnao Rape Case (2017), a sitting MLA was accused of raping a
minor and intimidating her family. The CBI investigation resulted in the MLA’s
conviction and a life imprisonment sentence.
 Corporate fraud was exposed in the Satyam Scam (2009), where the management of
Satyam Computer Services falsified company accounts. The CBI investigated
financial irregularities, leading to the arrest and conviction of the company’s founder,
who was sentenced to seven years in prison.
 Lastly, in the Ishrat Jahan Encounter Case (2004), allegations arose that a young
woman and three others were killed in a staged encounter by the Gujarat Police, who
claimed they were terrorists. The CBI investigated the case, filed charges against
several police officers, and the trial is still ongoing.
 These cases underscore the diverse challenges faced by the CBI in tackling
corruption, financial fraud, and criminal conspiracies in India.
 Despite some successes, the agency often encounters jurisdictional restrictions,
political interference, and legal complexities that hinder its effectiveness.
Nevertheless, its role remains critical in upholding the rule of law and ensuring
accountability.
Thus, in these high-profile cases, the CBI has demonstrated the application of a variety of
investigative techniques, including financial forensics, surveillance, digital forensics, and
international cooperation. These methods have been pivotal in solving complex cases involving
corruption, financial crimes, terrorism, and more, highlighting the agency's evolving approach to
tackling organized crime and corruption.

4. Challenges in Combating Organized Crime

 Sharma and Verma (2020) analyze the limitations faced by law enforcement agencies
in tackling organized crime, emphasizing legal loopholes, bureaucratic inefficiencies,
and political interference. Their study discusses the constraints of outdated legislation
and how procedural delays impact the successful prosecution of organized crime
syndicates. They argue that comprehensive legal reforms and enhanced coordination
between state and central agencies are essential to improving law enforcement
effectiveness.
 Pandey (2021). Criminality is a global phenomenon. With the advancement of time and
development of knowledge and technology the complexities of life have multiplies with
the result many anti-social elements think it profitable to embrace criminality as a
profession to earn their livelihood. This has provided opportunities to criminals to
organize themselves into criminal gangs. In the modern age of science and technology,
new techniques of crime are used by the gangsters to perpetrate crimes.
 The Hindu (2020) discusses institutional challenges faced by the CBI, including
political interference, limited autonomy, and resource constraints.
 UNODC Reports (2023) emphasized the need for inter-agency and international
collaboration, particularly in addressing transnational organized crime networks

 UNODC Reports (2024) stated that the Organized criminal groups connect with
terrorist groups as financers of attacks. Thus, the connection between money and
violence is established, which in contemporary social circumstances represents an ideal
combination for the fulfilment of various extremist goals. In that light, Organized Crime
represents a new form of security threats, which is also called non-traditional or soft
security threats, whereby a distinction from traditional security threats is made, which
were primarily related to war and the danger of invasion
 Bureau of Police Research and Development. (2019) showed that the CBI also faces
a lack of infrastructure, sufficient manpower, and modern equipment. There have also
been concerns about questionable methods of procuring evidence and officers failing to
abide by the rule book.
 Bureau of Police Research and Development. (2022) highlighted that the agency
currently operates under outdated legislation that does not adequately address
contemporary challenges. It has resulted in several issues, including ambiguity in its
jurisdiction, lack of transparency, and inadequate accountability mechanisms.

 Mehrotra, & Kolpula, (2024) showed that Legal procedures and lengthy court
processes can pose challenges for the CBI. Obtaining search warrants, recording
statements, and presenting evidence in court can be time-consuming, leading to delays in
completing investigations and securing convictions.
 Naik (2023) stated that as organized criminal groups are structured in a hierarchical
manner, the higher echelons of leadership are insulated from law enforcement. It may be
possible to have the actual perpetrators of crime convicted, but it is difficult to go beyond
them in the hierarchy because of rules of evidence, particularly, non-admissibility of
confessions made by criminals before the police. The witnesses are not willing to depose
for fear of their lives and there is no law to provide protection to the witnesses against
organized gangs. The informers are not willing to come forward as some kind of stigma
is attached to being an ‘informer’.

 Pandey (2024) highlighted that India does not have a national level agency to co-ordinate
the efforts of the State/city police organizations as well as central enforcement agencies,
for combating organised crime. Further, there is no agency to collect, collate, analyze,
document and function as a central exchange of information relating to international and
inter-state gangs operating in India and abroad. Similarly, there is no system of sustained
pursuit of selected gangs at the national and State level. Apart from lack of institutional
frame-work, there are problems of coordination between the Central Government and the
State Governments and between one State Government and another State Government
due to differences in political perceptions.
 Sharma (2023) stated that there has been a rapid spread and growth of criminal gangs,
armed forces, drug mafias, smuggling gangs, drug peddlers and economic lobbyists in the
country which have, over the years, developed an extensive network of contacts with the
bureaucrats, government functionaries, politicians, media persons and democratically
elected individuals at the local level. Some of these syndicates also have international
linkages, including with the foreign intelligence agencies. In certain States like Bihar,
Haryana and Uttar Pradesh, these gangs enjoy the patronage of local level politicians
cutting across party lines.
 Pandey (2023) showed that the crime syndicates do not respect national boundaries.
Certain crimes, particularly drug trafficking, are planned in one part of the world and
executed in another. Criminals also move fast from one part of the globe to another.
Different nations have different legal structures. A certain act may be ‘crime’ in one
country but not in another. To illustrate, money laundering is a crime in USA and several
European countries but not in India.
 Rao (2022) explores the challenge of transnational organized crime, focusing on the
difficulties of cross-border cooperation, jurisdictional conflicts, and lack of intelligence-
sharing mechanisms. The study highlights how organized crime groups exploit weak
legal frameworks and international gaps to operate seamlessly. Rao suggests that
enhanced international legal frameworks and diplomatic efforts are critical to
dismantling transnational criminal networks.
 Patel and Deshmukh (2019) examine the impact of corruption on organized crime
investigations, emphasizing how law enforcement officials and political figures often
have vested interests that hinder justice. They analyze case studies where corruption
within police forces and judicial systems led to compromised investigations, ultimately
allowing crime syndicates to thrive. Their research calls for stricter accountability
measures and independent oversight bodies to ensure unbiased investigations.
 Menon (2021) investigates the technological challenges in combating cyber-enabled
organized crime, including ransomware attacks, financial fraud, and the dark web’s role
in illegal activities. The study highlights how law enforcement agencies struggle with
limited digital forensic capabilities, inadequate cybercrime legislation, and rapid
technological advancements. Menon recommends increased investment in AI-driven
analytics, cyber task forces, and stronger private-public partnerships to tackle cyber-
enabled organized crime effectively.
 Kumar (2023) discusses the difficulties of witness protection in organized crime trials,
stressing the threats, intimidation, and violence faced by witnesses willing to testify
against powerful criminal networks. The research highlights flaws in existing witness
protection programs and suggests adopting more robust relocation strategies, financial
support, and legal reforms to encourage witnesses to cooperate with law enforcement
without fear of reprisal.
 Chatterjee and Roy (2018) analyze the role of financial crime in sustaining organized
criminal networks, focusing on money laundering, offshore tax havens, and illicit
financial transactions. They discuss how law enforcement agencies face challenges in
tracking and prosecuting financial crimes due to opaque banking systems and legal
constraints. The study recommends stronger financial intelligence units, stricter anti-
 money laundering laws, and improved global cooperation to dismantle financial
networks supporting organized crime

5. International Cooperation and Best Practices

 The significance of the CBI's function as India's liaison with INTERPOL, enabling cross-
border investigations and installing intelligence on organized crime networks, is
emphasized by UNODC (2020).

 Sharma (2023) promotes the adoption of international best practices, such as improved
data-sharing protocols and efforts to increase investigator capacity.

 INTERPOL (2019) showed that the International Criminal Police Organization

(INTERPOL) is its conference held in May 1988, worked out an acceptable definition of
organized crime and suggested that organized crimes mean, “Any group having a
corporate structure whose primary objective is to obtain money through illegal activities,
often surviving on fear and corruption.”

 According to United Nations Office on Drugs and Crime (UNDOC) Report of year
2010, organized crimes are the result of market force rather than the plotting of dedicated
criminal groups. Demand for drugs, prostitution, cheap labour, fire-arms, wild animals’
parts, child pornography and trafficking of other contrabands generates groups of
organized criminals who carry on these illegal activities by use of violence, intimidation,
corruption and other illegal means.

 INTERPOL (2020) Scientific technology is now the call of hour. In the fixation of
paternity / maternity and in settling of many other issues, uses of scientific techniques are
a boom for the scientific community. In number of countries like United Kingdom,
United States of America, Germany, France, Holland Australia, etc. and of course in
India, the Investigating officers and the courts are more and more relying on the newly
advanced scientific techniques as for the investigation of crime is concerned.

 INTERPOL (2021) The United Nations Convention against Transnational Organized

Crime (UNCTOC) is a major breakthrough in the fight against organized crime. The
Convention obliges state parties to criminalize participation in an organized criminal
group, corruption, money laundering, and the obstruction of justice. It also focuses on the
 "enabling" or "secondary activities" that are characteristic of organized crime. The
"primary activities" of organized crime, such as drug trafficking, human trafficking, and
smuggling, are dealt with in three protocols to the Convention.

CHAPTER-03: Methodology and Design

3.1 Background of the study

It is a topic, which, at present, is listed fairly high on the agenda of many national governments.
The media also inundates its readers, listeners and viewers almost unremittingly with news and
reports about all the different forms of organized crime and what the police and the judiciary are
doing to control it. Scientific researches into the backgrounds and forms taken by organized
crime and methods applied to control it has not, however, kept pace with the dramatic growth of
the problem. Exhaustive, comparable analyses of the recent evolution of organized crime in
various countries, the development which the policy system has gone through in this connection,
the reform of criminal law which is in progress here and there on this subject, are all very scarce.

The study of organized crime has assumed more importance in this era of globalization; the
world today is a global village; technological growth in the last two decades has changed the
concept of national boundaries; markets have opened up and have lost their traditional concepts;
communication to any part of world is now just a matter of seconds! Mobility of people from one
part of the world to the other is a matter of 20hrs at the most. Perhaps, on one side “a perfect
revolution” for the betterment of mankind but has it done justice to the society we live in? Much
of the answer is in the negative. Markets are now flooded with ill-gotten gains and technology is
being misused for all the wrong reasons- the more scientific the methods of detection the more
sophisticated the perpetration of organized crime. Improved communications networks have
given the criminals better linkages and mobility, and seem to have enabled criminal elements
evade the law enforcing machinery. The organized syndicates today run parallel governments in
most of the major urban centers throughout the world. Organized crime does more than
impersonally extract indirect economic tribute, debases the quality of life, and undercuts the
integrity of business and government (Jain, 2021).

For this, in order to have an effective justice system, our special investigative agencies must be
given a constitutional position. The Central Bureau of Investigation is still regulated by the
DSPE Act, making it a barrier for investigators to perform their duties in some cases. Due to
staff shortages, many investigative agencies often hunt down investigators from other agencies
such as the Intelligence Bureau‖ some leading to ineffective investigations. The same is true of
our investigative frameworks. The latest equipment and the most adequate equipment should be
provided to investigative agencies, so that they do not have to deal with the shortage of these
small items, thus creating barriers to their goal of achieving an effective justice system. The
Central Bureau of Investigation seeks a legal position, as the agency investigating the prime
ministers of the country, and the determination to act constitutionally in terms of section 6A of
the CVC Act 2003, which required the CBI to obtain prior approval before doing anything
investigation or inquiry into the positions of Joint Secretary and beyond, which come from the
CVC and not from the Central Government (Jain, 2021).

There is no legal provision that precludes the Central Bureau of Investigation from appointing its
own advisers on matters relating to the investigation and prosecution of politicians and senior
officials. The legislature needs to provide appropriate instructions on this matter under Articles
32 and 142 of the constitution. As such, the advice is the choice of matters pertaining to
investigations and prosecution of highly placed politicians and bureaucrats the investigative
agency, which is why one can clarify, how safe are politicians and their officials. Such advice is
dumb observers, who are simply puppets in the hands of the authorities (MHA, 2022). The role
of Advisors (lawyers) comes first here. As they are the means of justice, they need to withdraw
from representing the Premier's investigative body, the CBI in the event of a dispute with
members of the Executive and politicians under the ordinary powers of the court.
3.2 Research gaps

The Central Bureau of Investigation (CBI) plays a crucial role in tackling organized crime in
India. However, despite its significance, existing research on the subject remains fragmented,
primarily focusing on individual case studies or legal provisions rather than a comprehensive
analysis of its institutional challenges and effectiveness. While some studies explore the CBI’s
investigative procedures and high-profile cases, there is limited academic inquiry into how
effectively the agency combats transnational organized crime and cyber-enabled criminal
networks. Additionally, the evolving nature of organized crime, including its technological
sophistication, financial networks, and political nexus, demands a more contemporary
assessment of the CBI’s response mechanisms.

Another major research gap is the lack of a critical examination of the legal and institutional
framework governing the CBI’s operations. While various laws, such as the Delhi Special Police
Establishment Act, provide the agency with investigative authority, there is limited analysis of
whether these laws are adequate in addressing modern-day organized crime. The overlapping
jurisdiction of state and central law enforcement agencies further complicates CBI investigations,
leading to bureaucratic delays and political interference. A detailed study on these institutional
constraints and the need for reforms is essential to enhance the agency’s efficiency.

Moreover, while literature on police and law enforcement effectiveness in India exists, studies
specifically focusing on the CBI’s challenges in dealing with transnational crime organizations
remain scarce. Globalization has facilitated cross-border criminal networks, and India faces
increasing threats from money laundering, drug trafficking, human trafficking, and cybercrime.
The lack of international cooperation mechanisms and resource constraints within the CBI hinder
its ability to tackle these threats effectively. A research gap exists in assessing how the CBI
collaborates with international agencies and whether its current framework aligns with global
best practices in combating organized crime.

Lastly, there is minimal research on the internal constraints faced by the CBI, such as political
influence, resource limitations, and the need for technological advancements. Studies often
highlight cases where political interference affects the agency’s autonomy, but few
systematically analyze its impact on investigations. Additionally, organized crime syndicates are
increasingly leveraging technology for illegal activities, yet research on the CBI’s capacity to
adopt advanced investigative tools, such as artificial intelligence and data analytics, remains
limited. Addressing these gaps will provide valuable insights into strengthening India’s premier
investigative agency in its fight against organized crime.

3.3 Statement of the Problem

The CBI, a law enforcement agency, has become more credible and stronger after a leadership
crisis. However, critics argue that the organization does not deserve this power or influence. The
CBI Director and top leadership have a responsibility to ensure investigators do not run amuck,
especially in arrests. Autonomy for the CBI is a big issue facing the government, but
accountability mechanisms are necessary. The CBI should not be under the thumb of politicians,
and the government should adopt a neutral attitude and trust the agency to act with discretion and
fairness.

Shortage of staff at all levels affects the efficiency of the CBI, with almost 30% of approved
posts remaining vacant. Delays in the disposal of CBI cases by courts are due to the inadequacy
of special courts and the lack of competent officers on deputation from state governments.
Special pay and allowances offered by the CBI have not been enough to induce officers to opt for
CBI service on deputation basis.

It is essential to enhance the provision for special pay and allowances for CBI officers to
improve the adequacy and efficiency of the staff at all levels. The CBI's growing demand from
state governments and the judiciary's entrustment of tasks to the CBI demonstrates the trust
people have in its efficiency and fairness as a law enforcement agency.

Economic offenders have exploited illegal exchange practices and scams to steal millions of
dollars and misuse economic activity. These include secondary market frauds, where insider
trading occurs where insiders control and abuse confidential information, violating fair trading
principles. The Securities and Exchange Board of India forces a disallowance on dealing,
communicating or counselling on issues identifying with inside trading (Mathur et al., 2022).
Primary market frauds involve corporates raising funds through IPOs, leading to the
disappearance of thousands of crores of rupees. The widespread dissemination of fake currency
can also undermine the economy and national security, as it is used by terrorists to fund their
operations.

The complexity of organized crime in India has hindered the effectiveness of criminal justice
functions. Law enforcement agencies face challenges due to strict legal frameworks, limited
manpower, and outdated infrastructure. The slow process of extradition and inadequate
sentencing policies further complicate the situation. To combat these challenges, there is a need
to identify gaps in investigation, prosecution, and sentencing of organized crime cases and
develop prevention and control strategies.

3.4 Scope of the Study

This study is confined to the organized crimes in India. Problems and constraints faced in
investigation, prosecution and sentencing of organized crime cases registered only were
identified, analyzed and discussed in the study. Analysis of existing legal instruments in India
was restricted only to India. In addition, relevant provisions of the United Nations Convention on
Transnational Organized Crime, the Extradition Treaty and Treaty on Mutual Assistant in
Criminal Matters were studied in terms of their effectivity in mutual assistance, extradition of
offenders, international and regional co-operation and sharing of data based relating to organized
crime only.

3.5 Limitation of the study

As a student researcher, I believe that this study’s primary issue is that it entirely utilizes
secondary data. Due to time constrains, budget limitations, and a lack of direct access to
professionals or case-related data, I was unable to do primary research methods like surveys,
interviews, or field observations. As a results, I was forced to rely on previously published
works, official documents, publications, and internet resources, which might not always offer the
most comprehensive or current information. The analysis as a whole may have been impacted by
some data that was biased, lacking context, or incomplete. Furthermore, I was unable to include
current knowledge or real-world experiences that would have reinforced the conclusions in the
absence of primary evidence. To preserve the caliber and applicability of my research, I have
made every effort to collect data from reliable and diverse sources.
3.6 Research Questions

 How does the Legal and Institutional Framework Constituting the CBI to fight
Organized Crime?
 What are the most important case studies which indicate the role of the CBI in
combating Organized Crime.
 How are the problems being faced by the CBI while dealing with transnational crime
organizations, and internal constraints?

3.7 Objective of the study

 To Assess the Legal and Institutional Framework Constituting the CBI to fight
Organized Crime.
 To focus on important case studies which indicate the role of the CBI in combating
Organized Crime.
 To Assess problems being faced by the CBI while dealing with transnational crime
organizations, and internal constraints?

3.8 Methodology

The role of the Central Bureau of Investigation (CBI) in combating organized crime and
strengthening law enforcement in India between the 1990s and 2020 is examined in this research
utilizing a qualitative research methodology. The study implements a descriptive and
analytical methodology to investigative the CBI’s institutional challenges. Legal frameworks,
investigative methods, and historical patterns.

The research uses secondary data collection, which includes:

  Official publications, legislative actions, and government reports dealing with CBI
operations.
 Case studies of prominent organized crime investigation in the courts.
 Report from research organizations, law enforcement agencies, and think tanks.
 Publications, scholarly segments, and news report discussing the CBI’s role in crime
prevention.

2.8.1 Research Design:

This research follows a historical and doctrinal research design, emphasizing legal, institutional
and operational aspects of the CBI’s crime fighting mechanism. The study is structured as
follows:

1. Time frame: The 1990s to 2020 was selected in order to examine how the CBI’s strategy
changed in response to shifts in crime trends, governmental regulations, and technology
developments.
2. Case study: selected case studies of organized crime investigations handled by CBI (e.g.,
economic offenses, corruption, terror- financing networks) are analyzed to assess
investigation effectiveness.
3. Comparative analysis: examining the CBI’s methods in relation to international best
practices for combating organized crime.
4. Thematic analysis: identification of key themes, such as investigative challenges, legal
hurdles, institutional limitations, and policy recommendations for strengthening CBI’s
role in law enforcement

2.8.2. Data Analysis Techniques

Qualitative Approach:
The qualitative aspect of the study involves analyzing past case studies and the investigative
techniques employed by the Central Bureau of Investigation (CBI) in high-profile organized
crime cases. By examining these cases, the research aims to identify patterns, challenges, and
best practices in handling complex criminal investigations. Additionally, the study explores the
legal framework within which the CBI operates, including key statutes such as the Delhi Special
Police Establishment (DSPE) Act, 1946, and other relevant laws governing its jurisdiction and
authority. This analysis helps in understanding the limitations and effectiveness of the current
legal provisions in combating organized crime.

2.9 Sources of Data

2.9.1 Secondary sources:

Official Documents: Government of India publications, CBI Reports, Annual reports,

Books & Articles: Exiting literature on law enforcement, Role of the CBI, history of organized
crime in India

Newspaper & Media Reports:

Course cases and legal proceedings: Case studies of high-profile cases handled by the CBI in
the realm of organized crime. Legal journal or court case.

2.9.2 Content Analysis: The collected official reports, journal and secondary data related to
key issues such as the evolution of law enforcement strategies.

To comprehensively understand the role of the Central Bureau of Investigation (CBI) in

combating organized crime, various sources of information can be explored. Academic research
papers, books, and articles provide in-depth analyses of organized crime in India, the legal
framework governing the CBI, and its effectiveness in tackling criminal networks. These
scholarly sources offer theoretical perspectives, case studies, and policy recommendations,
contributing to a broader understanding of the challenges and strategies involved in law
enforcement efforts.
Official reports from government institutions such as the Ministry of Home Affairs and the
National Crime Records Bureau (NCRB) are crucial for understanding crime trends, statistical
data, and policy measures related to organized crime. These reports provide empirical evidence
on crime patterns, CBI investigations, and law enforcement strategies, offering valuable insights
into the agency’s operational framework and institutional challenges.

Additionally, media reports and documentaries play a significant role in shedding light on high-
profile cases investigated by the CBI. Investigative journalism and documentary films provide
real-time accounts of criminal investigations, public perception, and political influences affecting
the agency's work. These sources help contextualize how the CBI operates in practice,
highlighting both its successes and limitations in combating organized crime. Combining these
diverse sources can provide a well-rounded analysis of the CBI’s role in fighting organized crime
in India.

 Why I choose Secondary data analysis?

This decision to utilize secondary data is based on the following reasons:

 Limited Access to Primary Data:

As India’s main law enforcement organization, the Central Bureau of Investigation (CBI) handles
extremely sensitive and private cases involving organized crime. Financial fraud, political
leaders, and national security. For ethical, legal, and security considerations, it was not possible
to have direct access to internal case files, intelligence reports, or interviews with investigating
officers because these investigations were classified.

 Reliable and Properly Recorded Sources:

Government investigations, court trails, and national media coverage have provided copious
documentation on several of the high-profile cases chosen for this study, including the 1993
Bombay Bomb Blast, the Nirav Modi-PNB Scam, and 2G Spectrum Case. The rich and thorough
narratives provided by these sources re adequate for a thorough case study investigation.

 Feasibility and Time Constraints:

The academic schedule for finishing this thesis placed restrictions on the amount of time and
money available for primary data collection or field research. Secondary sources provide a useful
and effective means of gathering pertinent data in the allotted period.

 Archival and Historical Value:

Many of the events and investigations that are being examined are no longer underway because
the study covers a wide historical period (from the 1990s to 2020). Secondary sources of
information, including judicial records, archive news, and retrospective policy evaluations,
provide important context for understanding how these instances were handled and the CBI’s
development over time.

 Ethical Considerations:

Privacy, consent, and national interest are just a few of the ethical difficulties that may arise from
speaking with law enforcement officials face-to-face or from viewing real-time case data.
Utilizing secondary data that is ethically generated and accessible to the public guarantees that
the study conforms with institutional and scholarly ethical norms.
Chapter 4: Cases Studies

4.1 Mumbai Bomb Blasts (1993)

Overview of the 1993 Mumbai Bomb Blasts and the Role of the D-Company Syndicate

The 1993 Mumbai bomb blasts, orchestrated by the infamous D-Company syndicate led by
Dawood Ibrahim, remain one of the deadliest terrorist attacks in Indian history. The coordinated
series of 12 bomb explosions on March 12, 1993, targeted key locations across Mumbai,
including the Bombay Stock Exchange, Air India Building, major hotels, markets, and a fishing
enclave, resulting in the deaths of 257 people and injuring over 700 others. The attacks, which
caused an estimated $6 million in infrastructure damage, were facilitated by the large-scale
smuggling of explosives, including 5,000 kilograms of RDX, into India’s western coast (Sambad,
2023).
Fig.4.1. The Mumbai serial blasts killed 257 people and wounded 1,400 people. Source:
BBC,2017)

4.1.1 Motives Behind the Attack and Involvement of Organized Crime

The Central Bureau of Investigation (CBI) charged that the attacks were carried out by Indian
operatives but were masterminded by Pakistan’s Inter-Services Intelligence (ISI) as retaliation
for the demolition of the Babri Masjid in December 1992. The destruction of the mosque had led
to violent communal riots, with right-wing Hindu organizations, particularly the Shiv Sena,
playing a prominent role in suppressing Muslim communities in Mumbai. Some of the accused,
including ‘Tiger’ Memon, cited these communal tensions as their motivation for participating in
the attacks. Another perspective suggests that economic factors played a significant role. The
early 1990s witnessed the liberalization of India’s economy, which negatively impacted the
illegal gold and silver smuggling business controlled by Dawood Ibrahim’s D-Company. Facing
financial losses, Dawood reportedly turned to smuggling narcotics and arms, aligning himself
with Pakistan’s ISI to maintain dominance in Mumbai’s underworld (Mahadevan, 2021).

4.1.2 People Involved

The masterminds of the attack were Dawood Ibrahim, Tiger Memon, and Yakub Memon, along
with several underworld operatives. While no political leader was directly implicated, the
investigation revealed deep-rooted corruption in the police and customs departments, as certain
officials had facilitated the smuggling of explosives. Additionally, the involvement of Pakistan’s
ISI and international crime syndicates highlighted the global dimensions of the conspiracy
(Sambad, 2023).

4.1.3 Power Struggles and the Underworld’s Involvement

The attacks were also linked to a power struggle within the Mumbai underworld. ‘Tiger’ Memon,
a key figure in the D-Company, sought to challenge Dawood’s authority by positioning himself
as a champion of the Muslim community’s grievances. Reports indicate that while ‘Tiger’ had
backing from Pakistani gangsters, Dawood was allegedly supported by Pakistan’s intelligence
and military establishment. This internal conflict within the criminal syndicate may have
contributed to the escalation of violence and the strategic execution of the bombings (Sambad,
2023).

4.1.4 Legal Proceedings and Judicial Challenges

The trial of the accused, which commenced in 1995, was one of the most extensive legal
proceedings in Indian history. For security reasons, the court was set up inside Mumbai’s Arthur
Road jail. A total of 123 individuals, including six women, were charged, and by the conclusion
of the trial in 2006, 100 convictions were secured. The legal proceedings, which spanned 13
years, involved 686 witnesses and generated 35,000 pages of court documents. The convictions
ranged from conspiracy to possession of illegal arms. However, due to the prolonged judicial
process, several accused individuals passed away before the final verdict was delivered (Sambad,
2023).

4.1.5 Involvement of CBI

Initially, the Mumbai Police took charge of the investigation but soon realized that the case was
beyond their jurisdiction and capabilities due to its international dimensions. The attacks
involved sophisticated explosives like RDX, smuggled across national borders, and carried out
with the assistance of underworld operatives linked to Pakistan’s ISI. Given the complexity and
scale of the conspiracy, the case was transferred to the Central Bureau of Investigation (CBI)—
India’s premier investigative agency specializing in high-profile, multi-jurisdictional crimes. The
CBI had the expertise and resources to conduct forensic analysis, track financial transactions,
decode phone records, and collaborate with international agencies like Interpol to pursue
fugitives who had escaped abroad (Mahadevan, 2021).

Once the CBI took over the investigation, it launched one of the most challenging and extensive
probes in its history. The agency adopted a multi-pronged approach, relying on a combination of
forensic evidence, eyewitness testimonies, financial tracking, and confessions from arrested
suspects.

1. Forensic Analysis: The CBI conducted detailed chemical and ballistics tests to trace the
origin of the RDX and detonators, linking them to those found in conspirators’ hideouts.

2. Interrogation of Suspects: The agency interrogated hundreds of suspects, including key

operatives of the underworld, to map out the attack’s planning and execution.

3. Decoding Communication and Financial Transactions: The CBI analyzed phone records,
wire transfers, and hawala transactions that financed the attack.

4. International Collaboration: Given that the masterminds had fled abroad, the CBI worked
with Interpol and foreign law enforcement agencies to track them down.

5. Confessions and Witness Testimonies: Key accused individuals, such as Gul Mohammad
Sheikh and Ajgar Yusuf, provided confessions detailing their training in Pakistan and
Dubai for handling explosives (Sambad, 2023).

4.1.6 Court’s Judgment

After gathering strong evidence, the CBI filed a charge sheet against 129 accused under various
laws, including the Terrorist and Disruptive Activities (Prevention) Act (TADA), Indian Penal
Code (IPC), Arms Act, and Explosives Act. The trial was conducted in a special TADA court,
which delivered its verdict in 2006 after more than a decade of legal proceedings.

 100 accused were convicted, including Bollywood actor Sanjay Dutt, who was found
guilty of possessing illegal firearms linked to the attack.

 The most significant conviction was that of Yakub Memon, who was sentenced to death
for financing and facilitating the logistics of the attack.
  After multiple appeals, Yakub Memon was executed in July 2015, making him the first
person to be hanged in connection with the blasts.

 Several other accused were given life imprisonment or varying prison terms, while some
fugitives, including Dawood Ibrahim and Tiger Memon, remain at large.

4.1.7 Impact of the Case on India’s Security Policies

The 1993 Mumbai bomb blasts case had a lasting impact on India’s security and legal
framework. The case exposed the loopholes in border security, financial transactions, and arms
smuggling, prompting the government to introduce stricter anti-terror laws such as POTA
(Prevention of Terrorism Act) and later UAPA (Unlawful Activities Prevention Act). However,
despite the CBI’s success in convicting many perpetrators, the failure to extradite Dawood
Ibrahim and Tiger Memon remains a significant challenge, underscoring the limitations of
international law enforcement cooperation (Sambad, 2023).

The 1993 Mumbai bomb blasts were a landmark case In India’s fight against terrorism,
showcasing the intersection of organized crime, political corruption, and international terrorism.
The CBI’s rigorous investigation and prosecution of the accused reinforced its reputation as
India’s premier investigative agency. However, the continued absence of key masterminds from
India’s legal system remains a glaring gap in justice, emphasizing the need for greater
international cooperation in tackling transnational crimes.

4.1.8 Socioeconomic and Motivational Analysis of the Convicted Individuals

A comprehensive analysis of the convicted individuals remains incomplete due to limited access
to court documents. However, preliminary findings from Indian newspapers indicate that the
individuals convicted came from diverse socioeconomic backgrounds, with varying levels of
education and employment history. Many of those sentenced for lesser crimes, such as illegal
arms possession, were likely peripheral players rather than key conspirators. The Hindustan
Times and other national newspapers have highlighted the complex interplay of social, political,
and economic factors that drove individuals to participate in the attacks.
4.2 Dawood Ibrahim network

4.2.1 Overview of the Dawood Ibrahim Network and Its Criminal Operations

Dawood Ibrahim, the leader of the D-Company syndicate, is a global terrorist and organized
crime figure whose influence extends across multiple criminal activities. His involvement in the
1993 Bombay (Mumbai) bomb blasts, orchestrated with the support of Pakistan’s Inter-Services
Intelligence (ISI), solidified his status as a major threat to international security. His identity as a
terrorist and mafia don is shaped by intrinsic, atmospheric, and extraneous factors, as discussed
in various studies (Singh, 2013). Today, Dawood remains one of the most wanted fugitives
globally, pursued by the FBI, Interpol, and Indian authorities for offenses including terrorism,
extortion, murder, drug trafficking, and money laundering.
Fig.4.2. Dawood Ibrahim network (Source: Economic times, 2016)

4.2.2 Drug Trafficking and Narcotics Trade

The origins of organized crime in Mumbai date back to prohibition-era bootlegging following
India’s independence. The illicit liquor trade became a lucrative business, leading to the
emergence of powerful gang syndicates. Early underworld figures like Vardharaj Mudaliar
(Vardha Bhai), Haji Mastan, Yusuf Patel, and Karim Lala controlled bootlegging, smuggling,
gambling, and contract killings.

Dawood Ibrahim initially operated as a muscleman for smugglers, particularly under Haji
Mastan. However, during the Emergency period (1975-1977), when law enforcement cracked
down on established dons, Dawood exploited the power vacuum to become the most feared
mafia leader in Mumbai by the 1980s. He systematically eliminated rival gangs, particularly the
Pathan factions, securing his dominance in organized crime. His influence grew beyond Mumbai,
connecting him to transnational criminals, bureaucrats, and politicians inside and outside India.

The rise of the narcotics trade in India in the 1980s and 1990s saw Dawood expanding his
empire. His network became involved in drug trafficking, smuggling, and financing terrorism.
His organization facilitated the movement of narcotics through the Golden Crescent
(Afghanistan-Pakistan-Iran) and distributed drugs to international markets, generating immense
illicit wealth.

4.2.3 Money Laundering and Terror Financing

Dawood Ibrahim’s money laundering network is a critical part of his criminal empire. His
activities in smuggling, contract killings, film financing, extortion, and illicit trade in arms and
ammunition generate an estimated ₹2,000 crore per year (Rana, 2019).

His gang consists of 4,000 to 5,000 men, with operatives spread across Mumbai, Uttar Pradesh,
Dubai, and Pakistan. After the 1993 Mumbai bomb blasts, Hindu members of the D-Company
distanced themselves, leading to the rise of Abu Salem and Chhota Shakeel as Dawood’s key
associates. The lack of an extradition treaty between India and Dubai at the time allowed
Dawood to operate freely in Dubai until international pressure forced him to relocate.

His network engages in gold smuggling as a means of money laundering, exploiting India’s high
gold demand and tax evasion practices. The Financial Action Task Force (FATF) identified gold
as a major medium for laundering money, particularly in South Asia. Jewelry transactions,
electoral campaign expenses, and under-invoicing of imports and exports provide avenues for
organized crime groups to clean their illicit wealth.

Similarly, the diamond trade is used to facilitate tax evasion, offshore fund transfers, and drug
transactions. Smuggling diamonds between India and Belgium enables laundering of millions of
dollars annually. Dawood’s organization has also extorted and threatened diamond merchants,
making this industry a key source of underworld finance.

Dawood Ibrahim’s criminal empire is deeply entrenched in organized crime, terrorism, and
international illicit trade. His ability to network with global crime syndicates and terrorist
organizations has made him a persistent threat. Despite multiple efforts by international law
enforcement agencies to capture him, Dawood continues to operate from Pakistan under state
protection, orchestrating criminal activities across India, Dubai, and beyond. His influence on
drug trafficking, money laundering, and terror financing highlights the intersection between
organized crime and transnational terrorism in South Asia.

4.2.4 How Did the CBI Handle the Case?

 Intelligence Gathering & Surveillance

- The CBI used covert informants, electronic surveillance, and financial transaction tracking to
monitor Dawood’s banking activities, phone records, and business networks (akbar,2012).

- Agents infiltrated smuggling routes to uncover gold and drug trafficking operations.

 Tracking Money Laundering Routes

- Dawood’s hawala network was mapped by analyzing offshore bank accounts, real estate
transactions, and corporate fronts in Dubai, London, and Pakistan.

- The Financial Intelligence Unit (FIU) India provided data on suspicious financial transactions
linked to the D-Company.

 Interrogation of Key Associates

- Arrests of Dawood’s aides such as Chhota Rajan, Abu Salem, and Iqbal Mirchi provided critical
insights into his operations.

- The CBI conducted custodial interrogations, offering plea bargains to some gang members to
extract valuable intelligence (Rana,2019).

 Coordination with Interpol & International Agencies

- The CBI worked with Interpol and the UAE authorities to seize assets and disrupt Dawood’s
global businesses.

- Red Corner Notices (RCNs) were issued against Dawood, Chhota Shakeel, and others.
  Special Covert Operations

- The CBI attempted extradition efforts from Dubai but faced resistance due to Dawood’s strong
political backing in Pakistan.

- Some of his assets in India and the UAE were seized through international cooperation
(Rana,2019).

4.2.5 Court Proceedings & Verdict on Dawood Ibrahim

Charges & Trial

- Dawood Ibrahim was charged with:

- Drug trafficking under the NDPS Act (1985)

- Money laundering under the PMLA (2002)

- Terror financing under UAPA (1967)

- Arms smuggling under the Arms Act (1959)

- The case went through special courts for economic offenses and terrorism-related trials
(Rana,2019).
4.3 Nirav Modi and PNB Scam (2018)

Nirav Modi, an Indian-born Belgian jewelry designer and entrepreneur, captivated the world
with his dazzling creations and opulent designs. His eponymous brand quickly gained
international acclaim, adorning celebrities and elite clientele. However, his legacy was tarnished
by allegations of financial fraud, leading to legal battles and a global pursuit for justice. The
story of Nirav Modi is a saga of artistic brilliance overshadowed by scandalous deceit. Once in
the Forbes list of billionaires for 2017 with a net worth of $1.8 billion, and the “diamond king of
India” is currently a fugitive and has been charged by the Government of India and the Interpol
for criminal conspiracy, fraud, money laundering, dishonesty, and embezzlement of contract
since 2018 (Muthalaly, 2020).
Nirav Modi's trajectory, from leaving Wharton to establishing himself as a prominent figure in
the diamond trade, is truly noteworthy. After dropping out from the prestigious university he
accompanied his father to join his uncle Mehul Choksi’s business at the age of 19. Mehul Choksi
was the head of the Gitanjali Group. The Group owned around 4000 retail jewellery stores across
the country. Under him, Modi learned the tricks of the trade in the diamond industry and
eventually went on to found ‘Firestar’ in 1999 a diamond sourcing and trading company. The
success of the business soon saw Modi acquiring other jewellery businesses. In 2010, he
launched a diamond boutique which carried his own name, and soon expanded to 16 stores
across the globe in cities such as Delhi, Mumbai, New York, Hong Kong, London, and Macau.
Modi gained widespread recognition after designing the "Golconda Lotus Necklace," featuring a
vintage 12-carat pearshaped diamond, and the Riviere of Perfection, comprised of 36 flawless
white diamonds totalling 88.88 carats, sold at a Sotheby’s auction (Muthalaly, 2020).
That same year, Modi made history as the first Indian jeweller to be featured on the prestigious
covers of Christie’s and Sotheby’s catalogues. Modi also known as the diamond king of India
had aspirations to compete against Cartier, Harry Winston, and Van Cleef & Arpels. At the peak
of his success, Kate Winslet adorned herself with Nirav Modi’s jewels at the Oscars red carpet.
All of this changed when news of his swindle emerged.
Fig.4.3. PNB Scam (Source: Weekly, 2018)
The scam which broke out in 2018 had begun way back in 2011. In order to pull off such a fraud,
Nirav Modi capitalized on a banking instrument known as the LOU (Letters of Undertakings).
LOU is a bank guarantee under which a bank allows its customer to raise money from another
Indian bank’s foreign branch in the form of short-term credit. These loans can be raised from
Indian banks foreign branches established overseas. As Nirav Modi imported diamonds from
foreign countries it preordained that he had to deal with foreign currencies. For this, he had to
approach foreign branches of Indian banks for loans that were received at cheaper rates. This is
where LOUs comes into play. Nirav Modi approached PNB for an LOU which was used as
collateral for these short-term loans.
These LOUs, however, are supposed to be given out only when the client has collateral in the
domestic bank issuing the LOU. But PNB ignored these requirements and gave out the LOUs on
Modi’s guarantee. To worsen the matter, all these transactions were never added to the PNB’s
Core Banking System (CBS) which is used for record-keeping purposes. Also in some cases, a
lower amount was quoted while making a corresponding entry. All these unauthorized LoU
related transactions were done by the corrupt officials using the SWIFT system, which is an
extensive messaging network used by the banks and financial institutions globally to accurately,
quickly, and safely send and receive financial information. The SWIFT system had no linkage
with the bank’s record keeping core system, i.e., CBS and this gave Nirav Modi and his
accomplices the shadow area to operate with unauthorized Lou's. In other words, the SWIFT
bypassed the CBS of the bank. As these loans were for the short term on their due date Modi was
asked to pay back the loan by the foreign branches. But this is where Modi extended the scam.
He simply took another LOU from Punjab National Bank of a higher amount. This was used to
pay back the old loan and the additional amount was reinvested. Talk about a Ponzi scheme
mechanism.
By 2018 Nirav Modi had received 1,212 more such LOUs. His plan, however, was working!
Modi had grown his business in a span of 5 years what would otherwise have taken 20 years. But
how was he going to pay back all the debt? Modi had planned to eventually list his “successful”
company, with securities being sold at a premium. These funds would then be used to pay off the
billions in debt. But unfortunately, in 2018 when the employees of his companies (Diamonds R
Us, Solar Exports, and Stellar Diamonds) approached PNB once again for LOUs the bank
employees demanded 100 per cent cash margins. Nirav Modi’s firms contested this requirement.
They claimed that they had availed LOUs without collateral before. This led the PNB officials to
finally take a closer look at their accounts after which they first found irregularities of Rs. 280.7
crores and immediately lodged an FIR with the CBI for fraudulent LOUs issued. As the officials
dug deeper, by May 18, 2018, the scam had ballooned to over Rs 14,000 crore.
The scam was going on in collusion with corrupt officials of the bank for years. After a corrupt
official retired, a new official replaced him and demanded collateral from Nirav Modi and his
firms for issuing Lou's as per the regulations. However, it was brought to his knowledge that
Nirav Modi's entities had been accustomed to obtaining LoUs without collateral for years.
Meanwhile, foreign banks that had extended loans to Nirav Modi based on PNB's LoUs began
demanding repayment. Internal investigations commenced, but no records of these unauthorized
LoUs were found in the bank's Core Banking System due to the previous official’s failure to
maintain relevant records. Thus, on 14th February 2018, the Punjab National Bank, the second-
largest public sector Bank helplessly reported to the stock exchanges, the Central Bureau of
Investigation (CBI), Reserve Bank of India (RBI) and the public regarding fraudulent
transactions of a staggering value of 1.8 billion dollars (approximately) and the Nirav Modi scam
hit the headlines (Lloyd Business Review, 2023).
Bank stocks play a major role in the stock market and there are thirty-four nationalized banks in
India. In the month of February, 2018, when the Nirav Modi scam became public, the banking
stocks tanked immensely and the market cap of these thirty-four banks decreased by more than
thirty-six thousand crores of rupees. PNB stocks alone lost investors wealth amounting to eight
thousand crores of rupees. Without delving deep into the statistics and numerically, it can be said
the exposed banks (UCO Bank, Allahabad Bank, Axis Bank, Union Bank of India, and SBI) i.e.
the banks who gave loans based on the unauthorized LoUs suffered the brunt of the tsunami of
loss (Lloyd Business Review, 2023).
Nirav Modi’s jewellery companies like Firestar Diamond International Company were not listed
on the stock market exchanges. But Nirav Modi’s uncle, Mehul Choksi’s Gitanjali Gems stocks
started a skydive after the scam went public. Nirav Modi and Mehul Choksi controlled a
considerable portion of the jewellery sector in India and the banks became extremely unwilling
and skeptical about giving credits to the other jewellery companies. This led to more volatility in
the jewellery sector and investors lost more and more wealth.
Life Insurance Corporation (LIC), another State-owned Company was badly hit by the Nirav
Modi scam indirectly. It is common knowledge that LIC invests money into the stock market and
LIC was the single largest institutional investor in the exposed banks viz Punjab National Bank,
Allahabad Bank, Union Bank of India and Mehul Choksi’s Gitanjali Gems. So, when the stocks
of these companies plummeted because of the Nirav Modi scam, LIC lost thousands of crores of
rupees.
The Nirav Modi scam left the PNB damaged in more than one way. The two-billion-dollar scam
severely impacted PNB’s credit ratings as published by various rating organisations and bureaus.
In the aftermath of the scam, CRISIL had put PNB’s credit rating on ‘watch’ Fitch’s local arm,
India Ratings, had cut PNB’s long-term issuer rating to “IND AA+” with a negative outlook
from “IND AAA” soon after the scam became public. Further, international rating agency
Moody’s followed suit and downgraded state-run Punjab National Bank’s (PNB) rating to
Ba1/NP from Baa3/P-3. Although, present ratings are more or less back to the prescam level
(Lloyd Business Review, 2023).
Letter of Undertakings (LoUs) were crucial for any businessman of the export-import industry
for they provided short term credit at low interest rates. Now one rotten apple Nirav Modi led to
the complete ban of LoUs for the entire industry thereby severely jeopardizing the entire export-
import sector. Even though other forms of credits are still available, the higher interest rates are
burning deep holes in their pockets and making other businessmen pay for Nirav Modi’s greed.
Specially the small-time traders have been the worst sufferers. Loss of arbitrage for businessmen,
depreciation of the Indian rupee etc. were all a result of the billion-dollar Nirav Modi scam.
The 53-year-old Modi, who is facing charges of fraud and money laundering, amounting to an
estimated $2 billion (Rs 13,758 crore) in the Punjab National Bank (PNB) loan scam case, is
currently lodged at Wandsworth prison in south-west London. The INTERPOL has issued a red
notice against him for involvement in money laundering. Over the subsequent months of 2018
and 2019, significant developments occurred in his extradition case. By February 2021, the court
had granted extradition approval, and in April of the same year, the UK government also
consented to the extradition. Nonetheless, his legal representatives lodged an appeal in the
London High Court citing concerns about his mental well-being, contending that his mental
health had worsened. The verdict given by the Westminster Magistrate’s court in the case of The
Government of India v. Nirav Deepak Modi14 is by far the most important and crucial
judgement in this case, that has again given rise to expectations regarding Nirav Modi’s
extradition to India (Lawful Legal 2024).
The then UK home secretary Priti Patel had ordered Modi’s extradition based on Judge Goozee’s
ruling and the case has been undergoing an appeals process since then. The jeweller’s lawyer had
argued that there was a high risk of suicide if he was extradited, a copy of the London court
judgement states. The leave to appeal in the High Court was granted on two grounds related to
mental health – under Article 3 of the European Convention of Human Rights (ECHR) and
Section 91 of the Extradition Act 2003.
A special PMLA (Prevention of Money Laundering Act) court recently declared that the Central
Government is entitled to proceeds from the sale of a London property belonging to fugitive
diamond trader Nirav Modi and directed that the amount be deposited with the central
government. Nirav Modi was declared a fugitive economic offender in 2019, after he failed to
surrender to the Indian prosecuting agencies investigating the ₹13,850 crore fraud at Punjab
National Bank (PNB). Soon after, the court granted the Enforcement Directorate’s (ED) request
to confiscate 68 properties worth ₹329.66 crores associated with Modi, including a flat 103 in
Marathon House, 200 Marylebone Road, London. Special judge SM Menjoge on March 30,
2024 issued a modification to the order clarifying that the amount received from sale or auction
of the immovable property be deposited with the Government. “Amount received from sale,
auction or in any form including winding up proceeding of said property be credited/paid to
Central Govt. of India and Central Govt. of India shall be entitled to receive the same,” 24 the
order stated (Lawful Legal 2024).
The PNB scam has left more than a conspicuous dent on India’s banking sector. The resolution
of the Nirav Modi case serves as a poignant reminder of the urgent need for comprehensive
reforms and rigorous oversight in the financial sector. This landmark case has brought to light
glaring deficiencies within banking systems and underscored the critical importance of bolstering
transparency and accountability measures. The magnitude of the fraud perpetrated by Nirav
Modi underscores the far-reaching consequences of unchecked corruption and inadequate
regulatory frameworks. Moving forward, although the Fugitive Economic Offenders Act
represents a positive step forward, it should not stand as the sole legislation enacted to address
this issue. Looking ahead, it's essential for regulators and policymakers to enact comprehensive
reforms aimed at bolstering the resilience of the financial system.
This includes strengthening governance mechanisms, enhancing risk management practices, and
fostering a culture of compliance and ethical conduct within financial institutions. Moreover,
there's a pressing need for greater transparency and accountability, not only from banks but also
from regulators themselves. Furthermore, addressing the root causes of financial misconduct
requires a comprehensive approach that encompasses both regulatory reforms and cultural shifts
within the industry. This may involve tighter scrutiny of high-risk transactions, improving the
effectiveness of anti-money laundering measures, and encouraging greater collaboration between
financial institutions and law enforcement agencies. Moreover, rebuilding trust in the financial
system necessitates proactive engagement with stakeholders, including investors, customers, and
the wider public. Transparent communication about the steps being taken to prevent future
incidents and hold wrongdoers accountable is essential in restoring confidence. Ultimately, the
Nirav Modi case serves as a wake-up call for all stakeholders to prioritize integrity,
accountability, and ethical conduct in their operations. By learning from past mistakes and
implementing robust reforms, we can strive towards a more resilient and trustworthy financial
ecosystem for the benefit of all (Lawful Legal 2024).
4.3.1 Why was the Nirav Modi and PNB case handed over to the CBI?

The case was assigned to the Central Bureau of Investigation (CBI) instead of other investigative
agencies due to the following reasons:

1. Involvement of multiple entities: Due to the involvement of numerous Indian and Foreign
financial institution, the CBI’s proficiency in managing intricate financial crimes was necessary.

2. International Connection: The CBI possesses worldwide jurisdiction via Interpol, facilitating
the issuance of Red Corner Notice and collaboration with foreign authorities for extradition
purposes.

3. Failure of Internal Bank Mechanism: The scam took use of weaknesses in PNB’s SWIFT
messaging system without the main banking system’s consent. Since there were several bank
executives implicated, a comprehensive independent investigation was required, which was
outside the purview of the local police.

4.3.2 How the CBI handled the case?

1. Identifying the Operandi

The CBI found that the companies of Niav Modi and Mehul Choksi had used fictitious Lou's that
were issued by the Brady House branch of PNB in Mumbai.
Because of collaboration by bank officials and flaws in PNB’s internal banking system, the scam
went undiscovered for years.
2. Global Pursuit and Extradition Activities
Nirav Modi and Mehul Choksi fled India in early January 2018, just before the scam was
exposed.

The CBI issued Lookout Circulars (LOCs) against them, altering immigration authority.
A Red Corner Notice (RCN) against Nirav Modi and Choksi resulted from the agency’s
application to Interpol.
In order to prevent extradition, Choksi obtained citizenship in Antigua and Barbuda, which led to
further legal issues.
3. Asset Seizure Coordination with the Enforcement Directorate (ED)
Under the Prevention of Money Laundering Act (PMLA), the CBI and ED collaborated to
recover the assets of Mehul Choksi and Nirav Modi.
Among the seized assets were:
Luxurious Properties in the UAE, UK, and India.
Diamonds and jewelry valued at 5000 crores.
Company assets and bank accounts.
The CBI tracked financial transactions through offshore accounts to prevent money laundering.

4.3.3 Court Proceedings & Judgment

Legal proceedings in both India and the UK played a crucial role in the case. In 2021, a UK court
approved Nirav Modi’s extradition, rejecting his plea that he would not receive a fair trial in
India. The CBI and ED presented strong evidence linking Nirav Modi to financial fraud, money
laundering, and tampering with evidence (Lloyd Business Review, 2023).

In India, multiple charge sheets were filed under:

 Prevention of Corruption Act – for bribery and misconduct by public officials.

 Money Laundering Act – for using fraudulent funds through illegal means.

 Criminal Conspiracy and Cheating (IPC Sections 120B & 420) – for planning and
executing fraudulent activities.

Nirav Modi and his associates are still facing legal proceedings in India, and efforts continue to
recover misappropriated funds. The Indian government is working with UK authorities for his
final extradition
4.4 Rajiv Gandhi assassination case

According to Walsh’s preliminary report that appeared in the Time magazine, “Gandhi barely
paused before wading into an assembly that concealed a sophisticated package of explosives.
The device went off as a woman, judged to be Tamil in her late 20s, pushed her way forward to
the greeting queue and handed him a sandalwood garland. When she bent forward deferentially,
as if to touch his feet, the blast went off triggered by a manual detonator (Bairwa, 2023).

Fig.4.5. Rajiv Gandhi Assassination (Source: twitter)

According to the description provided by Kaarthikeyan and Raju, the woman assassin tagged by
the moniker ‘Dhanu’ had been variously named by the media, and reported to be of age 24. One
report identified her real name as Kalavati. Apart from Rajiv Gandhi, there were 164 victims as
well who had died simultaneously.
Political assassinations of ‘leaders’ have been previously studied in comparative context. The
CBI probe that the plan within a [Sri Lankan] Navy cell was to kill Rajiv Gandhi. The nineteen-
year-old naval rating was to hit Gandhi on the head and make him fall, and then the two men on
either side of the first attacker were to strike him with their ceremonial bayonets.
But for some unknown reason, the other two men refrained from going into action during the
assault – if they did, Gandhi could have suffered serious injuries, and could have died. This
sinister plan has hitherto been kept a secret.” The assassin was tried in a military tribunal and
sentenced for six-year term of rigorous imprisonment. He was acquitted of attempted murder but
found guilty of culpable homicide by the military tribunal in November 1991. Assassin had
claimed that he hit Gandhi only to disgrace him, and insisted that the prosecution should have
invited Gandhi to appear as the witness rather than relying on the evidence of other witnesses of
the incident (Bairwa, (2023).

4.4.1 Successful assassination attempt

The plot to kill Rajiv Gandhi was first hatched in Oct, 1990, deep in the jungles of Jaffna. The
LTTE met and decided then that the chances of Congress (I) president Rajiv Gandhi returning to
power were now almost certain. For the extremist organization struggling for a separate
homeland, Tamil Eelam, it meant a possible re-induction of the Indian Peace Keeping Force
(IPKF) in Sri Lanka and a certain crackdown of the elaborate LTTE network established in
Tamil Nadu.
The LTTE decided to prevent Rajiv Gandhi from regaining power even if it required the ultimate
deterrent – the assassination. By early November 1990, the V.P. Singh government was voted
out and Rajiv Gandhi was virtually back in power, shooting from behind care-taker prime
minister Chandra Shekhar’s shoulder. The possibility of a mid-term poll loomed ever larger. The
LTTE was getting desperate.
Realizing that Rajiv as prime minister would be a near-impossible target, it was decided that they
should strike while his security status was still that of an opposition leader and election
campaigning would render him even more vulnerable. In end-November, the elusive LTTE
supremo Prabhakaran, having decided on the physical elimination of Rajiv Gandhi, summoned
four trusted lieutenants – Baby Subramaniyam, Murugan, Muthuraja and Sivarasan – to finalize
the contours of an assassination plot. Subramaniyam and Muthuraja were summoned from
Madras where they were staying at that time.
In the first week of December, Prabhakaran made his decision known to the four members.
While the actual details of the operation were left to them, each was assigned a specific task
(Sangam 2024).
Baby Subramaniyam, a prominent idealogue of the LTTE, was operating from Madras running a
printing press publishing LTTE literature. His task was to prepare a back-up team that would
arrange shelter for the assassins before and after the killing.
Muthuraja was asked to prepare a base in Madras to ensure proper communication facilities,
couriers for messages and the smooth distribution of money for the assassins.
Murugan, a key instructor and an explosive expert of the LTTE, was asked to take over the
assignments from Subramaniyam and Muthuraja after their departure for Jaffna.
Sivarasan, the one labeled as ‘one-eyed-jack’ was given the most important task – the actual
assassination (Sangam 2024).
It took days to identify the assassin, though her feminine gender was quickly established, based
on eye witness accounts. But, authentic personal details about the woman assassin, her age and
mental state were not available; despite such lack, few researchers had attempted to build a
fictious quasi profile of her mind set, after a lapse of 12 years or more. While Bloom had
incorrectly guessed that assassin’s “bulge beneath her orange salwar kameez (a traditional Hindu
dress) bespoke her apparent pregnancy”. Roberts treated the assassin’s act with a pseudo-
religious Hindu 200 symbolism. During 1991, RDX explosive was available for use only in
military circles and not available in open market in India. How assassin Dhanu was able to
acquire RDX have not been convincingly elucidated by the investigators of Rajiv Gandhi
assassination trial.

4.4.2 Why Was the Case Handed Over to the CBI?

The case was assigned to the Central Bureau of Investigation (CBI) instead of other investigative
agencies due to the following reasons:

1. National and International Implications: Since a former Prime Minister was assassinated,
the case had significant political and security concerns that required a central agency.

2. Terrorism and Cross-Border Links: The involvement of the LTTE, a Sri Lankan militant
organization, made the investigation complex, requiring cooperation with international
intelligence agencies (Sangam.,2024).
 3. Use of Military-Grade Explosives: The use of RDX, a high-grade explosive typically
available only to the military, suggested sophisticated planning, making CBI’s expertise
necessary.

4. Political Sensitivity: Given Rajiv Gandhi’s role in India’s political landscape, an

independent and high-level investigation was essential to maintain transparency.

As a result, the CBI formed a special investigation team (SIT) under D.R. Karthikeyan, which
took charge of the case.

4.4.3 How the CBI Handled the Case

CBI’s Working Methods and Investigation Strategy

The CBI’s Special Investigation Team (SIT) handled the case using a multi-layered approach:

1. Initial Evidence Collection

 Crime Scene Investigation: CBI officials secured the blast site, collected body remains,
and identified Rajiv Gandhi’s charred wristwatch and clothing.

 Eyewitness Statements: Statements were collected from security personnel, local political
workers, and media photographers who were present at the rally (Sangam.,2024).

2. Forensic and Technological Analysis

 Photographic and Video Analysis: A key breakthrough was achieved through photographs
and videos, which helped identify the assassin, Dhanu.

 Explosive Examination: Forensic teams confirmed the use of RDX, typically available to
military personnel, leading investigators to focus on foreign militant groups.

 DNA and Fingerprint Analysis: The remains of Dhanu were reconstructed using DNA
and forensic techniques, confirming her identity as an LTTE operative.

3. Intelligence Coordination
  Tracking the LTTE Connection: The CBI coordinated with Indian intelligence agencies
(RAW and IB) to analyze LTTE’s movements and operations in India.

 International Cooperation: Since LTTE was based in Sri Lanka, CBI worked with
Interpol and Sri Lankan authorities to track suspects who fled the country.

4. Identifying and Arresting Key Suspects

 The ‘One-Eyed Jack’ (Sivarasan): The mastermind of the assassination, Sivarasan, was
tracked to Bangalore, where he and his team committed suicide before they could be
arrested.

 Arrest of Other Conspirators: Several operatives, including Murugan, Nalini, and

Santhan, were arrested and charged.

4.4.4 Court Proceedings & Judgment

 In 1998, the Supreme Court of India sentenced 26 individuals for their involvement.

 Four individuals—Nalini, Murugan, Santhan, and Prearrival—were given the death

penalty.

 In 2000, Nalini’s death sentence was commuted to life imprisonment due to an appeal by
Sonia Gandhi, Rajiv Gandhi’s widow.

 In 2014, the Supreme Court commuted the death sentences of the remaining convicts to
life imprisonment due to delays in execution.

 In 2022, all convicted individuals were released from prison following a Supreme Court
ruling (Sangam.,2024).
4.5 2G Spectrum scam

In 2007, A Raja was appointed as the minister telecom minister and during the same year he was
accused of being involved in the biggest scandal in this sector as it was doing his regime. The
problem started with the fact that the application for licensing was out and very less time was
given for the same. In only 25 days period time, many companies did not even get the time to
apply for the licensing. He sold the license with a very low price and without any rules and
regulations. The companies who were suspected to be friends with the minister, had the
information before hand and were ready with the cheques immediately. Furthermore, 57
applications were received out of which 122 companies were given the licenses on the first cum
first serve basis and mostly were from lesser-known companies whereas many reputed
companies were left behind. The companies that were favored by the minister were ready with
the formalities and requirements of licenses. There was no help taken from the government or
law ministry and this was solely the telecommunication minister’s and his department’s decision.
The Delhi High Court set up a special court to fast-track the case (Lawful Legal, 2024).
The scam came into existence only when the Comptroller and Auditor General of India in a
report quantified and suspected the scam loss to Rs. 1.76 lac crores that the scandal took its own
name as ‘the 2G Scam’. Along with telecommunication minister Mr. A. Raja, MD of “Kulagina
TV” ‘Mr. Sharad Kumar’ were also arrested in late 2011. CBI also filed an FIR against another
DMK leader and former telecom minister Dayanidhi Maran and his brother Kalanithi Maran.
Overall, the trial began against 17 people, that included the telecom executives of Unitech, Swan
Telecom and Reliance Anil Dhirubhai Ambani Group. In early 2012, Supreme Court cancelled
all the 122 telecom licenses allocated to nine companies in 2007; by holding ‘first-come, first-
served’ policy at fault, this decision of Supreme Court was perceived as a judicial over-reach into
the policy domain. Hence, it moved to the presidential reference with eight questions, that
included the rationale of “auction being the only mode for allocation of resources”. On hearing
the presidential reference, by five-judge constitution bench of the Supreme Court concluded to
uphold the primacy of the government in the policy domain. It also explicitly stated that auctions
is not a must for all resource allocations and that maximization of revenue cannot be the sole
criterion in all situations. The supreme court also witnessed the call recordings of the various
ministers and they were also alleged of the money laundering. CBI has also claimed that Mr. A.
Raja misleads the Prime Minister regarding the policy of the telecommunication sector
(Uncorrupt 2024).
The allegations were to the fact that Telecom Minister in 2007, A Raja, manipulated the policy
regime and TRAI’s recommendations, and in blatant violation of law as mentioned under the
TRAI Act and other settled laws. Mr. A. Raja was claimed to be having the bribed money worth
rupees crore. He was also stated to have been dealing in the name of his wife’s account, that was
in Mauritius and Seychelles. He is charged with criminal breach of trust by a public servant,
criminal conspiracy, cheating and forgery. Furthermore, He was arrested under the Prevention of
Corruption Act along with M. K. Kanimozhi Then Telecom Secretary Siddharth Behera was
accused of having conspired with A. Raja and several other accused. R. K. Chandolia was also
reported under the same charges. • Shahid Balwa, the promoter of DB Realty & Swan Telecom,
and was accused of conspiring to cause criminal breach of trust by a public servant, criminal
conspiracy, cheating, forgery and fabrication of evidence (Uncorrupt 2024).
Mr. A. Raja’s conduct was both illegal and improper. This issue was particularly there with
respect to the loopholes in the system and the ministers took undue advantage of the same. There
was no prescribed procedure and authorities to examine the same, there should have been some
authorities to stop the wrongdoers immediately and penalize the same. The Special Court had
given the judgement in 2017 by acquitting all the accused person as it said that the prosecution
had “miserably failed” to prove any charge against any of the accused.
The final verdict was “Mr. A. Raja’s conduct was both illegal and improper. This issue was
particularly there with respect to the loopholes in the system and the ministers took undue
advantage of the same. There was no prescribed procedure and authorities to examine the same,
there should have been some authorities to stop the wrongdoers immediately and penalize the
same. The Special Court had given the judgement in 2017 by acquitting all the accused person as
it said that the prosecution had “miserably failed” to prove any charge against any of the
accused.”
The Central Bureau of Investigation has contended that it has strong documentary evidence that
was previously ignored as it argued in the Delhi high court against a lower court order acquitting
former telecom minister A Raja and others who were once accused in what is known as the 2G
spectrum allocation scam. The agency, officials aware of its strategy said on the condition of
anonymity, will contend “there is strong and reliable material evidence, statements of witnesses”
in the case, which involved allegations that government officials and ministers took kickbacks to
allot 2G mobile spectrum at a lower-than-ideal price.
A special court, while acquitting the suspects, had said the federal agency’s charges were based
on “rumor, gossip and speculation”.
“There is evidence which reveals that the first-come-first-serve policy was operated in such a
manner that it helped companies which were ready to submit necessary bank draft(s) at short
notices thus effectively keeping out eligible companies. Besides, there is evidence showing that
front companies were created to bag more than one licenses by certain companies,”.
The CBI court, while acquitting the accused, also ignored the testimonies of reliable witnesses
including DS Mathur (former telecom secretary), Asheervatham Achary (Raja’s former
additional personal secretary) and others, said a second officer, who also requested not to be
named.
In its appeal, CBI has argued that the 2017 acquittal judgement in 2G scam can have a major
impact on corruption cases in the country.
In its charge sheet filed in April 2011 against Raja and others, the CBI had alleged that there was
a loss of ₹30,984 crore to the exchequer in allocation of 122 licenses for 2G spectrum which
were scrapped by the Supreme Court on February 2, 2012 (Firstpost 2012).
The Enforcement Directorate (ED) too has claimed in its appeal in 2G scam that this is a “classic
case” of money laundering and that the special CBI judge, while acquitting the accused persons,
“wrongly interpreted” the Prevention of Money Laundering Act (PMLA), 2002.
Corruption has become an inexorably remarkable issue in India today, generating both
tremendous interest from the media just as a lot of scholarly research.1 However there is a huge
hole between what has caught the media's consideration, the strategy choices under talk, and the
actual evidence base drawn from observational research on scam. We endeavor to connect this
hole, straightforwardly tending to the specific difficulties that corruption in India presents.
Scholarly evidence supports the famous discernment that corruption is across the board and
endemic. In any case, we find that the expenses of everyday scam are similarly as enormous, if
not bigger, than those of the "scams" that rule features. Further, we find that there is next to no
evidence to support the possibility that more noteworthy transparency, information, and
community-based endeavors significantly affect lessening scams all alone. This is additionally
valid for some mechanical interventions, in spite of the fact that those interventions – like direct
advantage moves – that sidestep go between and corrupt officials have an a lot more prominent
extension for progress, as do interventions that move bartering power to citizens and
beneficiaries. We discover a lot to recognize in the reasonable and wide-going administrative
motivation to battle corruption, including the Right to Service and Public Procurement bills. In
any case, what is generally important for fighting corruption isn't the law on paper yet the
execution of the law; the coupling imperative, as usual, is the government's craving and capacity
to rebuff corrupt officials and politicians (Firstpost 2012)

4.5.1 How Did the CBI Handle the Case?

Once the case was handed over to the CBI, the agency conducted a multi-layered investigation to
trace the money trail and identify key players involved. The CBI’s approach included:

 Scrutiny of Official Documents and Call Records: The agency examined internal files
from the Telecom Ministry, as well as corporate communications and financial
transactions.

 Forensic Analysis of Financial Deals: CBI traced the flow of bribes and illicit financial
transactions, revealing hidden links between politicians and businesses.

 Interrogation and Arrests: Several high-profile individuals, including A. Raja, Kanimozhi

(DMK leader), and corporate executives, were arrested and questioned regarding their
roles in the scandal.

 Use of Witness Testimonies: The agency recorded statements from government officials,
whistleblowers, and industry insiders, who provided key evidence regarding the
corruption (Uncorrupt, 2024).

4.5.2 Court Proceedings and Judgment

The Special CBI Court, set up to handle high-profile corruption cases, took up the trial of A.
Raja, Kanimozhi, and several telecom company executives. The CBI filed charge sheets against
them, accusing them of criminal conspiracy, fraud, and corruption. However, despite the
overwhelming political and financial impact of the scandal, the court acquitted all the accused in
2017, citing a lack of direct evidence proving criminal intent. The judgment was a major setback
for the prosecution and raised concerns about the challenges in proving corruption at high levels
of government.

 Nevertheless, in 2012, the Supreme Court took a landmark decision by canceling all 122
telecom licenses, acknowledging that the allocation process was tainted by favoritism and
procedural violations. This verdict sent a strong message about the need for transparency
in government decision-making (Uncorrupt, 2024).

4.5.3 Key Individuals Involved

The scam involved politicians, corporate executives, and bureaucrats who were accused of
manipulating the telecom allocation process.

 Political Figures:

 A. Raja (Former Telecom Minister) – Accused of masterminding the scam.

 Kanimozhi (DMK Leader & MP) – Allegedly received bribes through a front
company.

 Corporate Executives:

 Shahid Balwa (Swan Telecom) – Beneficiary of the illegal spectrum allocation.

 Vinod Goenka (DB Realty) – Connected to Swan Telecom’s operations.
 Sanjay Chandra (Unitech Wireless) – One of the key accused business figures.
 Reliance Group Executives – Faced allegations of illegal involvement in spectrum
acquisition.

The 2G Spectrum Scam remains one of India’s most debated corruption cases. While it led to
significant political repercussions, the CBI’s failure to secure convictions in court highlighted the
difficulty of proving high-level corruption. However, the case resulted in the cancellation of
telecom licenses, which improved transparency in India’s telecom sector (Uncorrupt, 2024). The
Supreme Court’s intervention ensured that such large-scale irregularities would not be repeated
in future telecom policy decisions. Despite the acquittals, the scandal remains a symbol of India’s
fight against political corruption and a reminder of the need for stronger legal mechanisms to
address financial crimes.

Chapter 5: ANALYSIS/ KEY FINDINGS:

 CASE-01: THE BOMBAY BOMB BLAST (1993)- ANALYSIS

 Challenges

1. Nexus Between Criminals and Politicians:

The Vohra Committee Report brought to light the long-standing ties between government leaders
and crime syndicates that hampered investigations. These partnerships shielded criminals, which
made it challenging for the CBI to carry out unbiassed and efficient investigations.
(EN.WIKIPEDIA.ORG)

2. Legal and Procedural Hurdles:

The Terrorist and Disruptive Activities (prevention) Act (TADA) presented difficulties for the
CBI when it came to prosecuting persons. Abdul Karim Tunda’s acquittal in the 1993 serial train
explosions case, for example, brought to light the challenges of obtaining charges because of a
lack of valid proof and complicated procedural issues. (ndtv.com)

3. Prolonged Judicial Processes:

The trials were difficult because they took a long time. As an illustration of the court process’s
delays, the trail of seven defendants began decades after the 1993 explosions.
(indianexpress.com)

4. Delayed Investigation and Evidence Collection:

Contamination of the crime scene as a result of the extent of the damage.

Tracing RDX explosives, which were carried along the Mumbai coast, was difficult.

Testimonies were untrustworthy because witnesses were intimidated or disappeared. (“The Black
Friday”- S. Hussain Zaidi (2002))

 Key findings:
1. Failure of intelligence and Law Enforcement

 Law enforcement agents were unable to identify the terror plot in spite of intelligence on
increased smuggling activity.
 Intelligence failures were caused by the CBI, Mumbai police, and IB’s lack of
collaboration between agencies.
2. Impact on India’s security and Law Enforcement

 Required Mumbai’s security infrastructure to be modernized and anti-terror teams to be

established.
  To stop the funding of terrorism, India’s financial monitoring mechanisms were
reinforced.
 Disclosed gaps in India’s coastal defenses, leading to further actions.
3. Role of CBI in organized crime and Terrorism investigation

 The case improved the CBI’s capacity to look into international crimes like terrorism
financing, arms smuggling, and economic fraud.
 Coordination between the CBI and foreign intelligence services and Interpol was
essential, but it also revealed problems with international crime control.
4. CBI’s Investigation and Breakthroughs
 Under the TADA (Terrorist and Disruptive Activities (Prevention) Act), the CBI-led
inquiry used confessions and forensic evidence to reveal the entire network.
 The arrest of Yakub Memon yielded vital financial trail evidence that connected Dawood
Ibrahim to the assault.

5. Role of foreign influence and Cross-Border Terrorism

 The incident disclosed Pakistan’s ISI’s role in giving the attackers logistical and training
support.
 Knowing that criminal syndicates enabled the smuggling of weapons and the financing of
terrorism, it illustrated the connection between organized crime and terrorism.

 CASE-02: DAWOOD IBRAHIM NETWORK -ANALYSIS

 Challenges:
1. Failed Surrender Negotiations:

Fearing revenge from other gangs, Dawood Ibrahim started in June 1994 that he would be
willing to surrender if he was given guarantees for his protection. Neeraj Kumar, the CBI’s
deputy inspector general at the time, had first talks with Dawood. However, high officials
immediately ended the discussions and it is still unknown why they were stopped. (Hindustan
time. Com)
 2. Cross – Border Operations and legal Hurdles:

Dawood’s move to the Pakistan and his formation of companies in the UAE and the UK have
made the CBI’s investigation more difficult. The CBI sent judicial applications (Letters
Rogatory) to the UK, the UAE, and Pakistan in 2016 to inquire about Dawood’s role in the
gutkha (a tobacco product) industry. The purpose of these applications was to obtain proof of his
activities, but the efficacy of this kind of international legal aid frequently faces obstacles
including limited cooperations and delays. (SCROLL.IN)

3. Financial Networks and Money Laundering:

There have been numerous money laundering schemes linked to Dawood Ibrahim’s network. In
February 2022, the Enforcement Directorate (ED) railed several sites in Mumbai to target
Ibrahim’s accomplices who were implicated in money laundering. It was more difficult to track
down and disrupt the complex financial networks his company had developed as a result of these
activities. (HINDUSTANTIME.COM)

4. Domestic Collaborations and political links:

Ibrahim’s network has reportedly formed relationships with political leaders in India, according
to investigations. For example, the National Investigation Agency (NIA) accused Ibrahim and his
accomplices of engaging in unlawful activities (prevention) in February 2022 after discovering
connections to specific lawmakers. Investigations into such internal alliances are complicated by
the difficulty of differentiating between lawful and illegal activity as well the possibility of
political internation. (THEHITAVADA.COM)

 Key Findings:

1. International Jurisdiction:

Dawood Ibrahim operates outside Indian territory, mainly in Pakistan and the UAE. The CBI has
**strong international ties with Interpol, foreign law enforcement agencies, and diplomatic
channels to handle extradition and intelligence gathering (akbar,2012).

2. Criminal Activities and Global Effects:

Drug Trafficking: D-Company collaborates closely with cartels and the Golden Crescent drugs
supply network, making it a major participant in the drug traffic between South Asia and
Afghanistan.

Arms Smuggling: Provides weaponry to terrorist organizations and criminal gangs through illicit
arms shipments.

Money Laundering and Extortion: Runs extortion schemes against Indian politicians, celebrities,
and businesspeople. Laundering is done through offshore bank accounts and hawala networks.

3. Involvement of Bureaucrats & Politicians:

Dawood’s network extends into political circles, bureaucracy, and business sectors. The CBI,
being an independent central agency, is less susceptible to local political pressure compared to
state police forces (akbar,2012).

4. Threats to Investigative agencies:

- According to reports, CBI officers have been intimidated by Dawood's network to sabotage
investigations. According to intelligence assessments, D-Company had planned to attack the CBI
headquarters in order eliminate significant evidence. (CBI v. Dawood Ibrahim Kaskar (1997))

5. Dawood’s connections to Terrorism:

Bombay Blast 1993: corporation with Pakistan’s ISI, Bombay Blast supplied the money and
logistical means to carry out a series of attacks in Mumbai.

Links to Jaish-e-Mohammed and Lashkar-e-Taiba: Has given funds and logistical assistance to
terrorist organizations that attack India.

Protection by Pakistan’s Intelligence Services (ISI) based in Karachi, he is protected by the ISI.

 CASE-03: NIRAV MODI and PNB – ANALYSIS

 Challenges
1. Collusion and Internal Complicity:
Gokul Nath Shetty, a retired Deputy Manager at PNB’s Brady House branch in Mumbai, was
one of the internal bank personnel who helped to support the scam. Shetty is accused of issuing
fictitious Letter of Undertaking (LoUs) without the required authority, which allowed Nirav
Modi’s companies to obtain credit from Indian bank’s foreign branches. It was difficult for the
CBI to quickly identify and look into the fraud because of this internal collaboration.
(en.wikipedia.com)

2. Complicated Foreign Operations and problems with Extradition

According to reports, Nirav Modi lived in several locations, including the UK, after leaving India
before the fraud was discovered. His worldwide activity made it more difficult for the CBI to
capture him. It has taken a long time to secure Modi’s extradition to India, despite the fact that he
was detained in London in March 2019. His return has been delayed by several petitions for bail
and court cases. (en.wikipedia.com)

3. Asset Recovery and Financial Investigations:

One of the biggest challenges has been tracking down and collecting assets connected to the
crime. Investigators in Singapore and Switzerland blocked many bank accounts belonging to
Modi and his relatives that contained large amounts of money. But organizing these global
financial investigations necessitated close coordination between the Enforcement Directorate
(ED), the CBI, and foreign authorities, which frequently resulted in delays and complicated
procedures. (en.wikipedia.com)

 Key Findings
1. Gathering Preliminary Evidence

After PNB officially reported the fraud, the CBI registered FIRs against Nirav Modi, Mehul
Choksi, and senior bank officials. The agency conducted an initial assessment of bank records,
internal communications, and SWIFT transactions to identify the fraud pattern.

2. Forensic Investigation & Digital Analysis

CBI forensic teams examined email communications, bank statements, and transaction records to
establish the money trail. They analyzed SWIFT transactions, which were fraudulently used to
secure foreign credit, and uncovered how PNB officials manipulated the system.

3. International Coordination

Since Nirav Modi and Mehul Choksi fled India, CBI worked with Interpol and foreign
authorities to track their movements. Interpol Red Notices were issued, and CBI coordinated
with the Enforcement Directorate (ED) to trace money laundering activities. Efforts were also
made to liaise with UK and UAE authorities for extradition purposes (Lloyd Business Review,
2023).

4. Raids & Arrests

CBI conducted nationwide raids at Nirav Modi’s offices, showrooms, and residences across
India. The agency seized luxury assets, properties, and high-value jewelry worth crores. Several
bank officials, including PNB’s Deputy Manager Gokul Nath Shetty, were arrested for their role
in approving fraudulent LoUs.

5. Legal Proceedings & Extradition Process

The CBI filed multiple charge sheets detailing criminal conspiracy, money laundering, and
corruption charges against Nirav Modi and his associates. The agency actively pursued his
extradition and in 2019, Nirav Modi was arrested in London. Legal proceedings were initiated in
the UK courts, leading to significant developments in India’s efforts to bring him back (Lloyd
Business Review, 2023).

 CASE-04: RAJIV GANDHI ASSASSINATION – ANALYSIS

 Challenges:
1. Complex International Conspiracy
The militant group from Sri Lanka known as the Liberation Tigers of Tamil Eelam (LTTE)
planned the murder. The CBI had to work with other foreign agencies in order to expose this
multinational conspiracy, which made the inquiry more difficult.

2. Gathering Evidence amid Security Lapses:

There was serious security flaws discovered in the instantly aftermath. Because the murder scene
was hectic and a suicide bomber was involved, vital proof had been destroyed, making it difficult
to gather reliable evidence.

3. Political Sensitivities and Public Sentiment

A former prime minister’s assassination was a delicate matter that was closely watched by the
public and politicians. The CBI’s efforts were made more challenging by the need to balance
public opinion with the credibility of the inquiry.

 key findings:
1. The Motivation of Terrorism and Politics:
Political Consequences: The assassination was politically contentious because it took place
during a conflict over regional autonomy in Sri Lanka and growing ethnic tensions.
Terrorist effort: The elimination of a significant Indian political person was viewed as part of a
larger LTTE effort to affect regional political dynamics.

2. Impact on security policy and Counter-Terrorism Measures:

Policy reforms: Significant modifications to India’s security procedures, such as the
reorganization of intelligence services and the strengthening of anti-terrorism laws, were brought
about by the killing.
Enhanced Vigilance: It also promoted worldwide collaboration in counterterrorism initiatives
and the creation of specialized investigative units.
 3. The International Terror Nexus and LTTE Involvement:
LTTE Role: The assassination was carried out by suicide bombing, demonstrating the group’s
determination to take drastic measures, and investigations revealed that the LTTE was the
mastermind.
International Implications: The case brought to light the global nature of terrorism, as political
disputes in one area directly affect other countries, hence requiring international intelligence
collaboration.

 CASE-05: 2G SPECTRUME SCAM – ANALYSIS

 Challenges

1. Investigative Challenges
Lack of Transparency in Governmental Processes: Governmental agencies failed to maintain
proper records, further complicating evidence collection.

Pressure and Political Impact on Investigating Agencies: Prominent political personalities, such
as A. Raja, who was the telecom minister at the time, are accused of influencing the DoT to
change policies. Political circles exerted pressure on the CBI, which impacted the investigation’s
independence and speed.

2. Legal and Judicial Challenges

It is possible to prove criminal intent and causation without direct evidence of bribery. Since the
scheme entailed policy manipulation rather than cash-based corruption, it was challenging to
demonstrate a direct exchange of goods.

Despite obvious financial irregularities, the CBI court cleared all of the accused in 2017 due to a
lack of hard evidence.

Loopholes in Indian Laws: Because there were no clear regulations governing spectrum
allocation pricing, discretionary powers might be abused. It was challenging to punish regulatory
infractions because telecom policies lacked accountability measures.

3. Economic and Regulatory Challenges

Loss of Public Revenue and Market Disruption: Public revolt was sparked by the scam, which
cost the Indian government an estimated 1.76 lakh crore ($30 billion).

Policy reforms and implementation challenges: Transparent spectrum auctions were one of the
post-scam changes, but corporate influence over laws was still a worry.

Restoring trust in the telecom industry and ensuring investors of equitable regulatory procedures
were difficult tasks for the governmental.

4. Media and Public Perception Challenges

Media Trails and Public Misinformation: Trail by media resulted from intense media coverage,
which occasionally misrepresented facts and affected public opinion.
Investigative agencies’ sensitive information leaks resulted in hasty decisions before the court
case was finished.

Public mistrust and political polarization: primarily addressing systemic corruption, the case
exacerbated political divisions as opposing parties used it as an electoral issue.

Delays and acquittals caused the public’s trust in government agencies, such as the judiciary and
CBI to erode.

 Key Findings
1. The Function of Media and Investigative Organization

ED and CBI Contribution: In order to look into financial activities and money laundering, the
Enforcement Directorate (ED) and CBI were essential.

Media Disclosure: The scam was made widely known thanks in large part to investigative
journalism, especially that of the Hindu and Times of India.

2. Impact on the Economy and policy

Massive Damage to Public Revenue: The scam revealed governance shortcomings by causing
significant monetary damages to the budget.

Policy Reforms: In order to combat corruption following the scam, the governmental
implemented transparent auction-based allocation of spectrum.

Foreign Investor Confidence Devastated: The case led to investor dissatisfaction about India’s
regulatory framework, preventing telecom industry growth.

3. Corruption and Political Nexus

Kickbacks and Favoritism: Certain telecom companies claimed paid bribes to safeguard licenses,
implementing policymaking at the highest levels.
Role of A. Raja: In his position as Minister of Telecom, A. Raja was charged of conspiring with
private businesses to provide them licenses at exorbitant costs.

Corporate Giants Involved: The scam involved a number of large telecom companies and
personnel, demonstrating the corporate-political relationship in policymaking.

5.1 Core Findings of the study

1. CBI’s Role as Centralized Investigative Authority has been Crucial in Complex
Cases:

According to the research, the Central Bureau of Investigation has been essential in managing
sensitive, high-profile, multi-jurisdictional cases that needed to be coordinated across national
borders and international authorities. The CBI’s investigative scope and legal mandate were
crucial in exposing international Criminal networks and financial scams in situations like the
Nirav Modi-PNB Scam and the 1993 Bombay Bomb Blasts.

2. Effective in Tackling Organized Crime is Often Influenced by Political and Legal

Constraints:

Even through the CBI has demonstrated its ability to dismantle organized crime networks (as
demonstrated in the investigations into the Dawood Ibrahim network), political meddling, lack
of institutional independence, and prosecution delays occasionally compromise its efficacy.
Concerns regarding outside influence on the agency are reflected in judicial statements such as
the “caged parrot” metaphor.

3. The CBI has Contributed to Strengthening Law Enforcement Mechanisms in the

India:

In India, the agency has been driving force behind improving investigative standards and
procedures. Particularly evident in the 2G Spectrum Scam and economic offences cases, its
methods, forensic approaches, and concerted cooperation with organizations like Interpol and ED
have contributed to the development of stronger enforcement models.

4. Lack of Operational Autonomy and Administrative Delays Hamper Efficiency:

The results show that delays in interagency cooperation and the CBI’s reliance on government
approval to prosecute public personnel frequently restrict the scope and speed of investigations.
This has proven to be a significant obstacle in cases involving corruption and white-collar
crime.

5.2 Limitation of the analysis:

1. Limited Access to Confidential Information

The CBI has limitation to share access to some internal reports, confidential data, and firsthand
investigative techniques because law enforcement investigations are sensitive and classified.
Comprehensive comprehension of operating mechanism is impacted by this constraint.

2. Case Study-Based Approach

In 1993, five topics, bomb explosions, Dawood Ibrahim network, frauds of Nirav Modi and PNB, murder
of Rajiv Gandhi, and 2G fraud spectrum provided valuable information on the role of CBI in the fight
between organizational crimes and high cases, it’s just. Therefore, the results cannot be summarized as a
broader function of all CBI investigations or Indian criminal justice systems.

3. Potential Media and Source Bias

A number of the well-known cases this paper looks at have received a lot of media coverage and public
discussion. As a result, certain secondary sources may be biased or subjective. Although efforts were
made to use reliable references and cross-check the facts, source bias cannot be completely removed.

4. Legal and Institutional Sensitivities

The study uncounted difficulties gathering thorough legal and procedural information because
some of the instances (such as the Nirav Modi case and Dawood Ibrahim network) involved
numerous agencies, political stakeholders, and multinational jurisdictions. Furthermore, a
thorough examination of interagency collaborations and obstacles may have been limited by
jurisdictional constraints and institutional sensitivity.

5.3 Why the CBI is Unable to reach its maximum efficiency?

 1. Political Influence and the “Caged Parrot” Syndrome

The CBI has frequently been compared to a “caged parrot speaking in its master’s voice,” as the
Supreme Court of India famously stated. The agency’s reputation and operational freedom are
seriously harmed by this appearance of political abuse, particularly when it involves opposition
leaders or bureaucratic elites. Selective inquiry, erratic follow-ups, or postponed prosecution are
frequently the results.

2. Overburdened with Caseloads and Under-Resourced

The CBI is entrusted with looking into a wide rage of issues, including missing persons,
economic offenses, organized crime, terrorism, and corruption, without receiving a
corresponding increase in funds, staff, or technology. Investigations are delayed and the
necessitated enhanced forensic capacity in high-profile instances like the Nirav Modi fraud and
the 2G Scam, yet this capacity was frequently lacking or delayed.

3. Delays in Prosecution and Weak Legal Coordination

Due to a slow-moving legal system, an absence of CBI court, and inadequate cooperation with
the Central Vigilance Commission (CVC), the Central Government, or legal departments,
prosecution may be postponed even after the CBI has finished a comprehensive investigation.
When cases stretch on for years, the evidence deteriorates and witnesses become hostile, which
lowers the conviction rate.

4. Insufficient Technological and Forensic Infrastructure

Complex money trails, international connection, and encrypted communication are common
components of organized crime and economic offenses in the present period. The pace and
accuracy of investigations are impacted by the CBI’s lack of modern forensic labs and
cybercrime sections in relation to its expanding workload.

5. Frequent Leadership Changes and Bureaucratic Interference

Organizational memory and consistency have also been impacted by internal power struggles
and the frequent changes of CBI directors. Instability in leadership has an impact on long-term
transformation and makes it difficult for significant investigations to continue.

5.4 Framework for Analysis

The investigation process of the Central Bureau of Investigation (CBI) follows a structured
approach to uncover evidence in organized crime cases. It begins with the registration of a case,
followed by preliminary inquiries to determine the need for a full-fledged investigation. Once a
case is taken up, the CBI collects evidence through forensic analysis, surveillance, witness
statements, and digital tracking. The agency also conducts raids, seizes financial records, and
examines communication logs to establish links between criminal networks. After gathering
substantial evidence, a charge sheet is filed in court, leading to legal proceedings against the
accused.

Collaboration is a crucial aspect of the CBI’s investigative efforts, as organized crime often spans
multiple states and even international borders. The agency works closely with state police forces,
sharing intelligence and coordinating joint operations when required. Additionally, the CBI
collaborates with global agencies such as Interpol, the Federal Bureau of Investigation (FBI), and
the United Nations Office on Drugs and Crime (UNODC) for cases involving transnational
crime, money laundering, cyber fraud, and human trafficking. These partnerships help in
extradition requests, access to international criminal databases, and cross-border investigations.

The outcomes of CBI investigations have led to significant legal and systemic changes in India’s
criminal justice system. Successful probes often result in convictions and stringent penalties for
offenders, reinforcing the rule of law. High-profile cases have exposed corruption, financial
fraud, and criminal syndicates, leading to policy reforms and institutional strengthening. Some
investigations have also contributed to amendments in laws governing economic offenses,
cybercrime, and organized criminal activities, highlighting the CBI’s impact in shaping legal and
regulatory frameworks.
Chapter 6

 CONCLUSION

In India, combating organized crime necessitates a multifaceted strategy that addresses the
underlying cause of criminal activity, improves law enforcement, and strengthens existing
legislation. Although the Prevention and Corruption Act of 1988 has made strides, issues
including political meddling, prolonged trails, and joint enforcement still exist. Encouraging
openness and ethical behavior is essential to a society free from corruption. In order to
standardize extradition and elimination laws and restrict the definitions of political offenses,
international cooperation is also required.

There is no explicit regulation in the current legal system to curb corruption in the public eye,
and frauds are still becoming more prevalent. A reprehensible crime, corruption undermines the
country’s economy and advances its upward trajectory. Economic infractions lead to white-collar
crime, and wrongdoers frequently escape from prison without getting the compensation they are
due. Current legislation is insufficient to fight corruption; therefore, a new, all-encompassing law
is required to regulate in and punish corrupt offenders. While the State Police upholds peace and
order locally, the Central Bureau of Investigation (CBI) is a specialized investigative agency
tasked with looking into matters of national significance. However, because of its contribution in
significant instances like Bofors, HDW Submarine, Airbus 320, Hawala, and the Coalgate fraud,
the CBI’s role has been criticized.

The CBI is given autonomy under the Lokpal and Lokayuktas Act, 2013, which enables it to look
into cases that Lokpal himself refers to it. Additionally, the bill suggests creating a Directorate of
Prosecution, headed by a Joint Secretary or Inspector General or Police chosen by the Central
Government with the CVC’s approval.

To solve the main problems that have impeded the CBI’s ability to operate, these steps are
insufficient. Legislation outlining the CBI’s duty, position, function, and powers-as well as
assurances like carelessness and fairness in investigations- should be adopted in order to avoid
corruption inside the agency.
  Recommendations

To prevent scams and impose harsh penalties like life in jail and the death penalty, a thorough
statute is required. The existing legal system is opaque and unaccountable, and corrupt officials
are frequently named to lead anti-corruption organizations. India needs strong political will,
robust anti-corruption legislation, effective anti-corruption institutions, and sound administration
to fight corruption. Scam control has advanced significantly in Singapore, and India ought to
adopt comparable tactics. Because there is widespread corruption in these agencies and no
legislator or senior officer is ever condemned to prison, the current law has a serious weakness.
The government should take suggestions for putting these laws into effect and putting anti-
corruption measures into place in order to fight economic scams.

 There is recommendation to enactment, to make obstruction impact on society, an

extensive law to check a wide range of economic scams just as it will contain the serious
punishment for economic scams, after proof of blame least multiyear imprisonment and
greatest punishment of life imprisonment are to be forced to the criminals who are
associated with economical offenses. In rarest of the uncommon cases, there will be
capital punishment which is required to make obstruction impact on society
 The Lokpal at central and Lokayukta at state level be selected, to ask or explore each
protest which have direct or indirect impact on the economy of our country. Working of
this machinery ought to be straightforward and every single record louse with Lokpal and
Lokayukta will be available to public for confirmation.
 There will be Special Court, Tribunal simply like Labor Court, Industrial Court, Co-
usable Court, Family Court to manage cases of economic scams just with productive
master manpower, and such court will be quick rack court and Cases must be chosen
with-in a half year.
 All investigation in Anti-corruption Bureau, CAG, will be straightforward. After finish of
investigation all case record will distribute on its site. Grievance against any staff of Anti-
corruption Bureau, CAG, will be asked and punishment declared inside two months. And
 the arrangement of officials in this anti-corruption investigating agency will be
completely straightforward and no political interference be permitted.
 Electoral reforms are desperately expected to kill the impact of unaccounted gifts and
preclusion of individuals with criminal records from challenging political decision,
alongside authoritative set up for right-to-review or right-to-dismiss.
 Method of tax evasion will be explicitly recognized their monitor and upsets payment
passage servers empowering corrupt individuals to oversee money in tax havens
 All department of government ought to establish their very own vigilance wing and make
disciplinary move against the officials who are associated with economic scams.
 To abstain from bribing, fake note traffic and abuse of unaccounted black money, it is
recommended to drop the currency notes of Rs.500 and Rs.1000. Notwithstanding that,
zero-rupee notes or a valueless note intended to be given to corrupt officials when they
demand bribes.
 The officer and other as worker employee of anti-corruption bureau or CBI branch are
from police department constantly named on deputation they are selected for a specific
period. Direct or special enrollment process for the arrangement of officer or another
subordinate employee of the ACB and CBI be received.
 Nowadays, there are numerous employees who straightforwardly accept kickbacks in
nearness of basic men. This public bribery is because of certainty that public needs their
work more than the amount they are offering to them as incentives. Every single
government office must be under the supervision of CCTV.
 Many of the individuals don't make good on tax and getaway their risk. This includes
corruption, so to maintain a strategic distance from this circumstance, making payments
online through bank account and arrangement of bills for each transaction must be made
mandatory
 Give better salary and other offices to the public worker, so they won't enjoy into corrupt
practices.

The raising infighting in the Central Bureau of Investigation has discredited the nation's chief
investigating agency as well as marked Prime Minister Narendra Modi’s deliberately developed
picture as an unequivocal pioneer and extreme director. The CBI is under the administrative
control of the department of personnel and training, which reports to the PMO. As of late the
Supreme Court gave an order in the coal apportioning scam case, directing the government to
present an arrangement to make the CBI independent.

The CBI, right now, has no select law to back it up. The initial move towards making the CBI
proficient, accountable and successful in completing its destinations is to have a law. Therefore,
my first recommendation, in the event that you need to make it independent, is to get a law
referencing explicitly the jurisdiction, the targets, the strategies to be received and the philosophy
to be embraced and how it should report, where it should report, in what way, how the director
ought to be chosen, and so on. The CBI is as yet functioning under the power vested by the Delhi
Special Police Establishment Act shaped before independence and there is no law administering
the targets and way of its working. The CBI ought not to be kept untied. There ought to monitor
and survey of how the CBI functions, to what impact it functions.

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