The Supreme Court on Tuesday observed that the provisions of Delhi Special Police Establishment Act, which mandates consent of state government for a CBI probe, are in tune with the federal character of the Constitution.
The court made the observation in connection with a CBI case conducted in Uttar Pradesh.
“…Section 5 enables the Central government to extend the powers and jurisdiction of Members of DSPE beyond the Union Territories to a State. The same is not permissible unless a State grants its consent for such an extension within the area of State concerned, under Section 6 of DSPE Act,” a bench of Justices A M Khanwilkar and B R Gavai observed.
“Obviously, the provisions are in tune with the federal character of the Constitution, which has been held to be one of the basic structures of the Constitution,” the bench said.
The observation came in connection with a case registered by CBI against Fertico Marketing and Investment Private Limited, after it was found that coal purchased under Fuel Supply Agreement (FSA) was sold in the black, and was done allegedly in connivance with unknown government officials.
The top court said that UP has accorded a general consent for extension of powers and jurisdiction of members of DSPE in the whole of state for investigation. “The same is, however, with a rider – that no such investigation shall be taken up in cases relating to public servants, under the control of the State Government, except with prior permission of the State,” the court said. “…insofar as private individuals are concerned, there is no embargo with regard to registration of FIR against them inasmuch as no specific consent would be required under Section 6 of DSPE Act.”
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