The Bombay High Court ordered the CBI to conduct an investigation against a Public Sector Undertaking (PSU) Chief of the State Government who is involved in a corruption case. The State Government objected to the same as
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2021
The Bombay High Court ordered the CBI to conduct an investigation against a Public Sector Undertaking (PSU) Chief of the State Government who is involved in a corruption case. The State Government objected to the same as the matter is not referred to it besides no consent is obtained from the State Government in this matter. Under these circumstances, whether Central Bureau of Investigation (CBI) can proceed on its investigation ? Quote the relevant provisions of the law.
Answer & Explanation:
Answer 2A(ii) The Central Bureau of Investigation (CBI) is an organization established under the Delhi Special Police Establishment Act, 1946 (DSPE Act). According to Section 2 of DSPE Act, CBI can suo-moto take up investigation of offences notified in section 3 only in the Union Territories. Its basic jurisdiction is for Delhi and other Union Territories. However, in practice it can investigate matters all over India on request or by extension of jurisdiction under Section 5 of the said Act. Taking up investigation by CBI in the boundaries of a State requires prior consent of that State, except within the extended areas under Sec 5, as per Section 6 of the DSPE Act. The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government. The High Courts and the Supreme Court have the jurisdiction to order a CBI investigation into an offence alleged to have been committed in a state without the state's consent, according to a five-judge constitutional bench of the Supreme Court in 2010. The court clarified this is an extraordinary power which must be exercised sparingly, cautiously and only in exceptional situations. Accordingly, CBI can proceed on its investigation, as directed by the Bombay High Court in above mentioned case, against PSU Chief of the State Government involved in corruption.
Topics: Investigation and Enforcement
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