SC Rules Courts Can Order CBI Enquiry without Consent from State Govts

In an important ruling, the Supreme Court has upheld the constitutional validity of court’s power to instruct CBI inquiry into a case without the consent of state governments, however, it has also made it clear that this should be used cautiously and sparingly, said media reports.

Giving a unanimous judgment, a five-member Constitutional bench headed by Chief Justice KG Balakrishnan said that the apex court and the High Courts had to exercise such powers cautiously, said reports.

Nevertheless, the bench, which also comprises of Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal, made it clear that such powers had to be used only sparingly in exceptional and extraordinary circumstances in cases having national and international ramifications. Otherwise, the CBI will be flooded with such directions in routine cases, the Bench said, according to reports.

The bench said that powers with the apex court and High Courts to make sure that fundamental rights of citizens are protected, said reports.

The verdict came on a bunch of petitions by the West Bengal government and some others who contended that the CBI can conduct a probe in any state only with prior consent of the concerned government under the provisions of the Delhi Special Police Establishment Act.

(Based on internet reports)