Consent of State Government mandatory for CBI investigation says Supreme Court

Oil Mafia gets convicted for Criminal charges under special CBI Court

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. 

Sakshi Patil
“An Investment in Knowledge pays the best interest”. I Ms. Sakshi Patil currently pursuing Bachelors of Law (LLB) from Pune University ,and I believe that Knowledge is a commodity to share and it should be not remain the monopoly of selected few. Studying Law helps me understand how society is govern and how law acts as medicine to heal the society. Keeping positive and open minded approach in every aspect of life is the aim and I hope to learn with every opportunity and can help to those in need and create awareness among people about law and its importance. As quoted by Henry Ward Beecher, ”A Law is valuable not because it is a law ,but because there is right in it.”