State nod not needed to order CBI probe: Supreme Court

Superior courts do not need the state government’s approval to order a Central Bureau of Investigation (CBI) probe into cases involving violation of fundamental rights by state agencies and cases with trans-border ramifications, the Supreme Court ruled on Wednesday.

The apex court, while upholding the constitutional validity of the courts’ powers vis-a-vis that of the states, said directing CBI’s intervention wouldn’t impinge on the doctrine of separation of powers. The power to order such probes, however, should be exercised with restraint, it said.

The verdict came on a petition of the West Bengal government contending that neither the high court nor the apex court had the power to order a CBI probe into allegations of scandals or on any other issue. It had maintained that the power to order a CBI probe was solely vested with the respective state governments. Even the central government had no power to order a probe by the agency without the approval of the state concerned, it had argued.
A five-judge constitution bench headed by chief justice KG Balakrishnan, in a unanimous ruling, overruled the state’s contention.    

The bench held that the power to order a CBI probe is vested with the apex court and high courts to ensure protection of fundamental rights of citizens.

“Being the protector of civil liberties of the citizens, this court and the high courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed under Article 21 of the Constitution…,’’ the bench said. It held that higher constitutional courts were vested with powers under Articles 226 (HC) and 32 (SC) to protect the fundamental rights, and these powers could not be taken away.

The West Bengal government had challenged the Calcutta high court’s order for a CBI probe into the 2001 firing at Midnapore in which several Trinamool Congress workers were killed. In its petition, it had argued that the high court’s decision amounted to violation of the Delhi Special Police Establishment Act, 1946. According to the act, the CBI cannot investigate a cognisable offence in a state without the prior consent of the state concerned, its counsel had maintained.

Earlier, opposing the West Bengal government’s stand, the Centre had submitted that there was no restriction on high courts and the apex court to order a CBI probe into sensitive cases having national and international ramifications.

“There is no restriction on the powers of the courts (high courts and apex court) under Articles 226 and 32 of the Constitution for ordering CBI probe in a case,” the Centre had said, adding such power has been with the courts to protect the fundamental rights of citizens.

The West Bengal government had argued that such powers with the courts would affect the federal structure of the constitution.

The bench, however, said courts should exercise such powers with caution; they have to be used sparingly in exceptional and extraordinary circumstances in cases having national and international ramifications. Otherwise, the bench held, it would put severe burden on the hard-pressed central agency.