States’ consent for CBI probe complies with federal character of Constitution: SC on DSPE Act

Nov 18, 2020 #CBI #SUPREME COURT
SUPREME COURT OF INDIA LAW INSIDER IN

Amitha Muraleedharan

The Supreme Court bench of Justices AM Khanwilkar and BR Gavai remarked that the Delhi Special Police Establishment Act, which requires the consent of the State for the CBI to exercise its powers, complies with the federal character of the Constitution.


The court observed that even if section 5 of the DSPE Act enables the central government to exercise its powers in the Union Territory of India, it cannot be absolute as per section 6 of the Act, and both the provisions are tuned with the federal character of the Constitution.

The CBI had lodged Fertico Marketing and Investment Private Limited for selling coal in the black market. Later, the involvement of two officials of the District Industries Centre was also found.


The High Court had dismissed the petition of two officials stating that the state had granted post facto consent against them for involving in the case.


Therefore, the post-facto consent was enough to initiate a probe by the CBI. Although their names were not mentioned in the FIR, they did appear in the charge-sheet.

The accused-appellant in the case argued that the CBI had no discretion to investigate without the consent of the state government under section 6 of the DSPE Act.
The state contended that the prior consent under Section 6 of the DSPE Act is not mandatory but a directory one.

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