CBI does not need state’s consent for FIR against central officials, why did the Supreme Court say this?

New Delhi : The Supreme Court has said that the CBI does not require the permission of the state governments to register FIRs against the Central officials posted in different areas of the states. Justice C.T. A bench of Justices Ravikumar and Rajesh Bindal on January 2 overturned the Andhra Pradesh High Court order quashing the CBI investigation against two central government employees in a corruption case.

he/she said that irrespective of the place of posting, the aforesaid factual situation shows that they were Central Government employees/Central Government Undertaking employees and that they have allegedly committed serious offenses under the Prevention of Corruption Act, which is a Central Act. Is. The case arose out of an FIR lodged by the CBI against central government employees working in Andhra Pradesh.

Challenge in Andhra Pradesh High Court

he/she had challenged the jurisdiction of the CBI in the Andhra Pradesh High Court, arguing that the general consent given to the CBI by the undivided Andhra Pradesh state under the Delhi Special Police Establishment Act, 1946 (DSPE Act), newly formed after partition Does not automatically apply to the state of Andhra Pradesh.

Disagreement with the High Court’s interpretation

The High Court, while agreeing with the accused, who were booked under the Prevention of Corruption Act, quashed the FIR and stressed that fresh consent from Andhra Pradesh was required. Justice Ravikumar, who wrote the 32-page judgment, disagreed with the High Court’s interpretation. Also, he/she said that the High Court had made a mistake in seeking fresh consent from the state for the CBI investigation.

It said that in such circumstances and in the light of the findings already reached, as per the provisions of the circular memorandum dated May 26, 2014, all the ‘laws’ applicable to the undivided State of Andhra Pradesh as on June 1, 2014, notwithstanding the bifurcation of the erstwhile Andhra Pradesh, “Will continue to apply to the new States, namely, Telangana and Andhra Pradesh, unless they are altered, repealed or amended.”

The bench said that the general consent given by the state under the DSPE Act is sufficient for CBI investigation relating to central crimes and does not require state-specific formalities like fresh consent.