Supreme Court: Preliminary Probe By CBI not mandatory

Swarna Shukla-

Published On: October 8, 2021 at 15:46 IST

The Top Court ruled that the Central Bureau of Investigation (CBI) can directly register a case upon receiving important information that discloses a cognizable offence, and it is not compulsory to conduct a Preliminary Enquiry before the registration of the case.

A Bench headed by Justice D Y Chandrachud noted that as the establishment of the screening isn’t necessary in CrPC, therefore, for the Top Court to issue a direction would be to step into the legislative domain.

Justice D Y Chandrachud mentioned if the CBI decides not to conduct the Preliminary Enquiry (PE), then the accused can’t demand it as a matter of right.

The Supreme Court emphasised that the CBI can register cases instantly upon receiving credible information and added that there can’t be a Judicial Directive to conduct a PE in each case of corruption. However, it will be open to the CBI to hold out PE in applicable cases.

The Bench noted that it was unclear whether the CBI could even register a case since the Telangana Government had withdrawn general consent to the CBI. However, the Bench forbears from getting involved in this aspect and kept the question open.

Also Read: Post-poll Violence: Supreme Court adjourns hearing of WB against CBI Probe

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