New Delhi (12.03.21): The SC may soon decide on an important issue of a tussle between the central and some of the state governments: whether the withdrawal of the general consent to the CBI by a state government debar the agency from investigating into cases relating to PSUs in areas falling under the jurisdiction of both states and the central government.
This issue reached the SC following the CBI filing a Counter-Affidavit in the plea filed by the West Bengal Government challenging an order of the Calcutta High Court which allowed the CBI, without the state's consent, to investigate a case of illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.
The CBI Affidavit argues that the West Bengal government's SLP is devoid of any merit and therefore, it deserves to be dismissed. It further argues that the SLP has relied on the ratio of members of the Supreme Court in the case of Ram Kishan Fauji v. State of Haryana by the Petitioners which, as per the CBI, was not applicable squarely in view of the facts and circumstances of the present case.
"….it was held in view of the peculiar facts and circumstances of the case, that no appeal under the Letters Patent Appeal shall lie to the Division Bench of the High Court from the order passed by the Single-Judge of the High Court exercising original criminal jurisdiction under Article 226 of the Constitution…"
SC to decide CBI's power to investigate without state's consent
By IndianMandarins - 2021-03-12 11:44:00
New Delhi (12.03.21): The SC may soon decide on an important issue of a tussle between the central and some of the state governments: whether the withdrawal of the general consent to the CBI by a state government debar the agency from investigating into cases relating to PSUs in areas falling under the jurisdiction of both states and the central government.
This issue reached the SC following the CBI filing a Counter-Affidavit in the plea filed by the West Bengal Government challenging an order of the Calcutta High Court which allowed the CBI, without the state's consent, to investigate a case of illegal mining and transportation of coal through Railways in West Bengal, without the State's consent.
The CBI Affidavit argues that the West Bengal government's SLP is devoid of any merit and therefore, it deserves to be dismissed. It further argues that the SLP has relied on the ratio of members of the Supreme Court in the case of Ram Kishan Fauji v. State of Haryana by the Petitioners which, as per the CBI, was not applicable squarely in view of the facts and circumstances of the present case.
"….it was held in view of the peculiar facts and circumstances of the case, that no appeal under the Letters Patent Appeal shall lie to the Division Bench of the High Court from the order passed by the Single-Judge of the High Court exercising original criminal jurisdiction under Article 226 of the Constitution…"
