Wednesday, February 17, 2010

SC verdict, : Courts can order CBI probe without states' consent

In a unanimous verdict, a five-judge Constitution Bench headed by Chief Justice K G Balakrishnan said on Wednesday that The Supreme Court and the High Courts have powers to order CBI probe without the consent of state governments

The Bench, also comprising Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal, however, said that such powers have to be used sparingly in exceptional and extraordinary circumstances in cases having national and international ramifications.

The verdict came on a bunch of petitions by the West Bengal government and some others who contended that the CBI can conduct a probe in any state only with prior consent of the concerned government under the provisions of the Delhi Special Police Establishment Act.

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