Indian high courts can order CBI probe without consultation

World

Indian high courts can order CBI probe without consultation

Close

17 February,2010 08:14 pm

India's apex court and the High Courts can order Central Bureau of Investigation (CBI) to probe into criminal cases to protect the fundamental rights of citizens, without consent of the state governments. The Supreme Court on Wednesday upheld the constitutional validity of courts' powers to order CBI investigation without the prior permission of state governments with a provision that this should be used carefully and cautiously. A five-judge Constitution Bench headed by Chief Justice K G Balakrishnan in a unanimous judgment said such powers have to be exercised cautiously by the apex court and the High Courts. India's federal ruling Congress party welcomed the decision saying that it would be beneficial in the public interest.It is a judgment which in the public interest, in the national interest holds that there would be situation where the state concerned or the person concerned at the state level would so arrange matters that a consent to have the CBI enquiry will not be given. In such cases, the consent cannot act as a veto, or the requirement of consent cannot act as a veto. And therefore the court has held that wherever larger public interest remains the court is not powerless to direct the CBI whether it is high court or Supreme Court. I think it's largely consistent with the government stand and that stand has been upheld. I think it is judgment to be welcomed in the public interest, Abhishek Manu Singhvi told reporters outside Supreme Court. Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal, who were also a part of the Constitutional Bench, said that such powers have to be used sparingly in exceptional and extraordinary circumstances in cases having national and international ramifications. The CBI will otherwise be flooded with such directions in routine cases, said the Constitutional Bench, adding that 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 judgment was announced on a bunch of petitions filed by the eastern West Bengal state government, who argued that the CBI could carry out a probe only with the prior consent of the concerned government under the provisions of the Delhi Special Police Establishment Act.