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SHEKHAR MISHRA (public servant)     09 December 2008

investigation by CBI

Under  what   circumstances  any  High   Court   can   hand  over  investigation  of   a  criminal   case   to  CBI  when  final   form   has  been  submitted  by   police? relevent  case  laws  may   be   given.


 1 Replies

Shree. ( Advocate.)     11 December 2008


Dear Shekar Kumar Sir,

SC reserves verdict on courts' power to order CBI probe:

The Supreme Court its verdict on the validity of the powers of High Courts and apex court to order CBI probes in


sensitive cases.

A five-judge Constitution Bench headed by Chief Justice K G Balakrishnan would decide whether the probe by the central agency could be ordered on getting the nod of the concerned state government or the higher courts on their own can direct such probe when the case is brought before them.

The Centre has supported the view that there was no restriction on High Courts and apex court to order a CBI probe into sensitive cases having national and international ramification under Articles 226 and 32 of the Constitution.

Solicitor General G E Vahanvati stressed that such power has been with the courts to protect the fundamental rights of citizens.

He had submitted that though the apex court judgements in the past had said that courts should exercise the power to order CBI probe "sparingly", "there is no restriction, particularly in cases of sensitive nature and those having national and international ramification".

"To show that there is a restriction on powers of courts it has to be shown that there is such an expression. That is not there under Article 226 and 32," he said before the Bench, also comprising Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal.

West Bengal government had contended that vesting of such power with the apex court or High Courts would affect the federal structure of the Constitution, which has been opposed by the Centre.

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