CBI
Centre needs state's permission to extend CBI's jurisdiction: Supreme Court
New Delhi/IBNS: The Supreme Court on Thursday ruled against the extension of the jurisdiction of India's premier investigating agency by the central government in any state, media reports said.
The central government will have to take the concerned state's permission to extend the jurisdiction of the Central Bureau of Investigation (CBI).
The top court has said the concerned state's permission is mandatory for the CBI to step into an investigation.
"Though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE (CBI) 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 the DSPE Act.
"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 top court said as quoted by NDTV.
The ruling came in reply to the petition filed by the officials accused in a corruption case in Uttar Pradesh.
Recently in a surprise raid in the factory premises of Fertico by the CBI in Uttar Pradesh, the agency found the company had allegedly sold coal in the black market.
The Supreme Court ruling came in the backdrop of several state's withdrawal of the blanket consent which was given to the CBI to investigate into a case.
The consent has been withdrawn by eight Opposition-ruled states, Rajasthan, West Bengal, Kerala, Mizoram, Punjab, Chhattisgarh, Maharashtra and Jharkhand.
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