SC verdict on validity of courts to order CBI probes tomorrow

A five-member Constitution Bench of the Supreme Court will pronounce its verdict on the validity of courts ordering CBI probes into various incidents occurring in different states of the country.

The verdict to be pronounced by a bench comprising chief justice KG Balakrishnan, justice RV Raveendran, justice DK Jain, justice P  Sathasivam and justice JM Panchal was reserved on December 11, 2008.

West Bengal government and some others have contended that as per Section 5 and 6 of the Delhi Special Police Establishment Act, under which CBI has been constituted, the investigating agency can conduct a probe in any state only with prior consent of the concerned government.

The state government has contended that neither the high court nor the apex court has the power to order a CBI probe into allegation of scandals or on any other issue.

Senior advocate KK Venugopal, appearing for the state government, had submitted that the power to order a CBI probe is solely vested with the respective state governments and even the central government had no power to order a probe by the central agency unless the state concerned gave its consent.

The Centre has contended that there was no restriction on high courts and apex court to order a CBI probe into sensitive cases having national and international ramification.