COURTS CAN ORDER CBI PROBE WITHOUT STATES’ CONSENT: APEX COURT

It, however, cautions high courts to use the power in only rare cases

NEW DELHI: The Supreme Court on Wednesday ruled that courts have powers to order CBI probe without the consent of state governments.
In a unanimous verdict, a five-judge Constitution bench headed by Chief Justice K G Balakrishnan said such powers have to be exercised cautiously by the apex court and high courts.

JUDICIARY & JURISDICTION

THE BENCH — which also comprised Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal — also said that such powers have to be used sparingly in exceptional and extraordinary circumstances in cases having national and international ramifications.
Such powers are vested with the apex court and high courts to ensure protection of fundamental rights under Article 21 of the Constitution, it said. The verdict came on a bunch of petitions filed by West Bengal government and others who contended that CBI could conduct a probe in a state only after getting consent of the concerned government.
The question of whether higher courts are empowered to order a CBI probe was referred to the Constitution bench on March 22, 2007. AGENCIES