"CBI probe can be ordered in exceptional cases"

Attorney General G E Vahanvathi told a special bench that whenever it involved violation of fundamental rights or incidents having national and international ramifications, courts can order a probe by the central agency.

Last Updated: Feb 08, 2011, 21:14 PM IST

New Delhi: The Centre on Tuesday told the
Supreme Court that CBI inquiry can be ordered by courts
"sparingly and in exceptional circumstances."

Attorney General G E Vahanvathi told a special bench of
justices Altamas Kabir and H L Dattu that whenever it involved
violation of fundamental rights, unnatural deaths or incidents
having national and international ramifications, courts can
order a probe by the central agency.

Vahanvati made his brief submission during the hearing
of the review petition filed by Samajwadi Party leader Mulayam
Singh Yadav challenging the apex court`s earlier direction for
a CBI probe into his and the family`s alleged disproportionate
assets.

He cited the Constitution bench ruling in West Bengal
versus OPDR case in 2010 wherein it was held that courts can
order a CBI inquiry in "exceptional" cases in a sparing
manner whenever the issue had "national or international
ramifications."

Similarly, citing the Ramdas Athwale judgement, he said
a CBI inquiry can be ordered when there was a violation of
a fundamental right of the citizen.

Acting on the PIL filed by an advocate Vishwanath
Chaturvedi, the SC had on March 1, 2007, ordered a CBI inquiry
into the assets owned by Yadav his sons Akhilesh, Prateek and
daughter-in-law Dimple.

PTI