On Wednesday, the Supreme Court ruled that the Central Bureau Of Investigation (CBI) cannot step into a probe and the Centre cannot extend the agency’s jurisdiction in a state, without permission from the relevant state government.
The judgement was passed by the bench comprising of Justice AM Khanwilkar and BR Gavai, in an Uttar Pradesh corruption case. “As per law, state consent is a must and the Centre cannot extend CBI jurisdiction without the state’s consent. The law is in tune with the federal structure of the constitution,” the bench said.
The law is important as eight opposition ruled states – Rajasthan, Bengal, Jharkhand, Kerala, Maharashtra, Chhattisgarh, Punjab and Mizoram have withdrawn blanket consent given for the CBI to probe cases in their states. The states made this move amidst allegations that the Centre was using the agency to carry out vendetta against opposition leaders and those who dissent.
Referring to the Delhi Special Police Establishment (DSPE) Act that regulates the CBI or Central Bureau of Investigation, the apex body announced “Though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE (CBI) beyond the Union Territories to a state, the same is not permissible unless, a state grants its consent for such an extension within the area of state concerned under Section 6 of the DSPE Act. Obviously, the provisions are in tune with the federal character of the constitution, which has been held to be one of the basic structures of the constitution.”
The Supreme Court’s verdict was based on appeals challenging a judgment passed by the Allahabad High Court in August 2019 in a case involving Fertico Marketing and Investment Private Limited.
A surprise raid by the CBI in the factory premises of Fertico revealed that the coal it had bought under the Fuel Supply Agreement with Coal India Limited was allegedly sold in the black market, leading to a loss of Rs 36.28 crore to the Central Government. Cases were registered against Fertico’s director and unknown officials of the District Industries Centre.
The accused said the state government’s approval was not sought before handing the case over to the CBI. The Supreme Court rejected their appeal, since the state of Uttar Pradesh provides blanket consent to the CBI to probe cases in the state. “In the result, we find no reason to interfere with the finding of the High Court with regard to not obtaining prior consent of the state government.” The Supreme Court said.
After further investigation, the state government had given permission to prosecute District Industries Centre officers Ram Ji Singh and Yogendra Nath Pandey for probe against public servants under the state government.
The move to withdraw consent means the CBI cannot carry out investigations in these states without seeking permission every time.
