Courts empowered to order CBI probe: SC

The SC upheld the constitutional validity of courts` powers to order a CBI probe without states` consent.

Zeenews Bureau

New Delhi: The Supreme Court on Wednesday upheld the constitutional validity of courts` powers to order a CBI probe without the consent of state governments.

"A direction by the High Court in exercise of its jurisdiction under Article 226 of the Constitution or by the Supreme Court under Article 32, to the CBI without the consent of the state to investigate a cognizable offence committed within the territory of a state will neither impinge upon the federal structure of the constitution nor violate the doctrine of the separation of power and shall be valid in law," the apex court said.

A five-member Constitution Bench, comprising Chief Justice KG Balakrishnan and justices RV Raveendran, DK Jain, P Sathasivam and JM Panchal, unanimously ruled that the Supreme Court and state High Courts have the authority to order CBI probe without the consent of the state governments, if they think the case in question has national and international ramifications.

Such powers are vested with the apex court and High Courts to ensure protection of fundamental rights of citizens under Article 21 of the Constitution, the Bench said.

"Being the protector of civil liberties of the citizens, this court (the Supreme Court) and the high courts have not only the power and jurisdiction but also the obligation to protect the fundamental rights, guaranteed by Part III in general and Article 21 of the Constitution in particular," the bench said.

It however added that the courts should observe caution while ordering such investigations. Otherwise, the CBI will be flooded with such directions in routine cases, the Bench stated.

"The extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigation or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental right," it ruled.

Holding that various courts of the higher judiciary need not seek the concurrence or the consent of the union or the state governments to order a CBI probe, the bench said: "The courts can also exercise its constitutional power of judicial review and direct the CBI to take up the investigation within the jurisdiction of the state.

The SC Bench had earlier reserved its verdict on December 11, 2008.

The West Bengal government and some others had contended in the SC that as per Section 5 and 6 of the Delhi Special Police Establishment Act, under which CBI has been constituted, the investigating agency can conduct a probe in any state only with prior consent of the concerned government.

The state government had contended that neither the High Court nor the apex court has the power to order a CBI probe into allegation of scandals or on any other issue.

It had also submitted that the power to order a CBI probe was solely vested with the respective state governments and even the Central government had no power to order a probe by the Central agency unless the state concerned gave its consent.

The Centre, however, had contended that there was no restriction on High Courts and apex court to order a CBI probe into sensitive cases having national and international ramifications.

West Bengal was the main petitioner in this case as it had taken exception to the Calcutta High Court order for a CBI probe into the Midnapore firing incidents in which several Trinamool Congress workers were killed.

In recent years, the Supreme Court and also various High Courts had been ordering probe by CBI into high-profile cases.

Agencies inputs

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