State government’s consent mandatory for CBI investigation in its jurisdiction: SC
Team Udayavani, Nov 19, 2020, 1:27 PM IST
New Delhi: The state government’s consent is mandatory for a CBI investigation in its jurisdiction and the agency cannot conduct probe without its nod, the Supreme Court has said.
A bench of Justices A M Khanwilkar and B R Gavai said the provisions are in tune with the federal character of the Constitution, which has been held to be one of its basic structures.
The apex court referred to sections 5 and 6 of the Delhi Special Police Establishment (DSPE) Act, which deal with extension of powers and jurisdiction of special police establishment to other areas and consent of state government to exercise of powers and jurisdiction.
“It could thus be seen, that though Section 5 enables the central government to extend the powers and jurisdiction of members of the DSPE beyond the Union Territories to a State, the same is not permissible unless a State grants its consent for such an extension within the area of State concerned under Section 6 of the DSPE Act,” the bench said.
The apex court’s observation came on an appeal filed by some accused, private and public servants, challenging the validity of the CBI investigation against them in a corruption case on the ground that prior consent was not taken from the state government. The observation assumes significance as recently the governments of Punjab, West Bengal, Rajasthan, Maharashtra, Jharkhand and Chhattisgarh withdrew their “general consent” to the CBI.
The appeals challenged a judgment passed by the Allahabad High Court in August 2019 against Fertico Marketing and Investment Private Limited and others. The high court had noted that the Uttar Pradesh government had granted post-facto consent against the two public servants who were later named in the charge sheet and that it was sufficient for proceeding with the case.
The top court rejected the appeal of the accused and said the state of UP had accorded a general consent for an extension of powers and jurisdiction of the members of DSPE in 1989 in the whole of the state under the Prevention of Corruption Act.
Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.
Top News
Related Articles More
Teachings of Lord Christ celebrate love, harmony: PM Modi at Christmas celebrations
Police ‘killed’ Dalit man, alleges Rahul in Parbhani; CM Fadnavis says visit politically motivated
Gurugram: 21 cybercriminals arrested for duping Rs 125 cr in fraud cases across country
Delhi HC denies anticipatory bail to Puja Khedkar in UPSC cheating case
Newly recruited Meitei, Kuki personnel in Manipur police to be posted together: CM Biren Singh
MUST WATCH
Latest Additions
Kalaburagi: Woman sustains burns after live electric wire falls on her
Nelamangala accident: Police expedite probe, CCTV images being scrutinised
Rohan Estate Mukka – Resort-style luxury layout launched
Minister Parameshwara directs police to ensure tight security in Bengaluru on New Year’s eve
Teachings of Lord Christ celebrate love, harmony: PM Modi at Christmas celebrations
Thanks for visiting Udayavani
You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.