Cbi Probe Supreme Court Says State Consent is Mandatory for Investigation Says Provision Constitution – Big decision of Supreme Court, state’s consent is necessary for CBI investigation


News Desk, Amar Ujala, New Delhi
Updated Thu, 19 Nov 2020 12:36 PM IST

Supreme Court (File Photo)
– Photo: ANI

Read Amar Ujala e-paper
anywhere anytime.

*Yearly subscription for just ₹299 Limited Period Offer. HURRY UP!

Listen to the news

Questions often arise in the case of the Central Bureau of Investigation (CBI) investigating jurisdiction. The question also arises whether the CBI needs to get permission from the concerned states for investigation. The Supreme Court has given a big decision on this. Now it will be necessary to get permission from the state concerned for the CBI investigation.

In its judgment, the apex court affirmed that these provisions conform to the federal character of the Constitution. The court said that in the Delhi Special Police Establishment Act (DSPE), the consent of the state government is mandatory for CBI investigation as per the provisions of the powers and jurisdiction. These provisions conform to the federal character of the Constitution.

During the hearing on the case, a bench of justices AM Khanwilkar and BR Gavai said, thus it can be seen that section five enables the central government to extend the powers and jurisdiction of DSPE members beyond the state to union territories. is. However such is not acceptable unless a State concerned gives its consent to such extension under Section Six of the DSPE Act.

The bench passed the order on an appeal filed by some accused challenging the validity of the CBI probe against them in a corruption case. The petitioners say that prior permission was not taken from the state government for investigation. Two of the accused are state government employees while the rest are private parties.

Let us know that recently the Maharashtra government had issued an order that the permission given to the central agency to conduct an investigation in the state is withdrawn. Although the withdrawal of permission for investigation by the government will not affect the ongoing investigation, but in the future, if the agency wants to investigate a new case in the state, then it will have to take permission from the state government provided that the investigation on behalf of the court Orders not given

These states have withdrawn consent to CBI
Eight non-BJP-ruled states – Jharkhand, Kerala, Maharashtra, Bengal, Rajasthan, Chhattisgarh, Mizoram and Punjab have withdrawn the general consent given to the CBI to investigate new cases.

Questions often arise in the case of the Central Bureau of Investigation (CBI) investigating jurisdiction. The question also arises whether the CBI needs to get permission from the concerned states for investigation. The Supreme Court has given a big decision on this. Now it will be necessary to get permission from the state concerned for the CBI investigation.

In its judgment, the apex court affirmed that these provisions conform to the federal character of the Constitution. The court said that in the Delhi Special Police Establishment Act (DSPE), the consent of the state government is mandatory for CBI investigation as per the provisions of the powers and jurisdiction. These provisions conform to the federal character of the Constitution.

During the hearing on the case, a bench of justices AM Khanwilkar and BR Gavai said, thus it can be seen that section five enables the central government to extend the powers and jurisdiction of DSPE members beyond the state to union territories. is. However such is not acceptable unless a State concerned gives its consent to such extension under Section Six of the DSPE Act.

The bench passed the order on an appeal filed by some accused challenging the validity of the CBI probe against them in a corruption case. The petitioners say that prior permission was not taken from the state government for investigation. Two of the accused are state government employees while the rest are private parties.

Let us know that recently the Maharashtra government had issued an order that the permission given to the central agency to conduct an investigation in the state is withdrawn. Although the withdrawal of permission for investigation by the government will not affect the ongoing investigation, but in the future, if the agency wants to investigate a new case in the state, then it will have to take permission from the state government provided that the investigation on behalf of the court Orders not given

These states have withdrawn consent to CBI
Eight non-BJP-ruled states – Jharkhand, Kerala, Maharashtra, Bengal, Rajasthan, Chhattisgarh, Mizoram and Punjab have withdrawn the general consent given to the CBI to investigate new cases.


www.amarujala.com

Leave a Comment