Court can order CBI probe without a State's consent

The Supreme Court on Wednesday upheld the constitutional validity of courts' powers to order Central Bureau of Investigation (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 judgement said such powers have to be exercised cautiously by the apex court and the High Courts.


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 judgement was announced following a bunch of petitions filed by the West Bengal 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.