The Supreme Court said, the consent of the State Government is mandatory for a CBI investigation in its jurisdiction & the agency can’t conduct probe without its nod.
Justice A M Khanwilkar & Justice 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.
Sections 5 & 6 of the Delhi Special Police Establishment (DSPE) Act was referred by the Supreme Court which deal with the extension of powers & jurisdiction of special police establishment to other areas & consent of State Govt to exercise of powers & jurisdiction.
“It could thus be seen, that though Section 5 enables the central government to extend the powers & 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”, bench said.
On a plea filed by some accused, private & 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. As recently the Government of Punjab, West Bengal, Rajasthan, Maharashtra, Jharkhand & Chhattisgarh withdrew their “general consent” to the CBI.
Appeals challenged a judgment passed by the High Court of Allahabad in August 2019 against Fertico Marketing & Investment Private Limited & others, the UP Govt had granted post-facto consent against the two public servants who were later named in the charge sheet & that it was sufficient for proceeding with the case, High Court noted.
Appeal of accused was rejected by the Supreme Court and said, the state of UP had accorded a general consent for an extension of powers & jurisdiction of the members of DSPE in 1989 in the whole of the state under the Prevention of Corruption Act.
