Courts can order CBI probe without states' nod: SC

New Delhi, February 17:14.40hrs
Siasat daily

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

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.
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 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 y
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.

"There is no restriction on the powers of the courts
(High Courts and apex court) under Articles 226 and 32
of the Constitution for ordering CBI probe in a case," the
Centre had said, adding such power has been with the
courts to protect the fundamental rights of citizens.
Opposing the Centre's stand, West Bengal had said that if
such powers were vested with the apex court or High Courts,
it would affect the federal structure of the Constitution.

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