SC reserves verdict on courts' power to order CBI probe

The Supreme Court on Thursday reserved 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. Senior advocate K K Venugopal, appearing for the West Bengal government contended that the power to order a CBI probe is solely vested with the respective state governments and even the Centre has no power to order a probe by the Central agency unless the state concerned gave its sanction. However, the Solicitor General said the argument that courts should respect the interest of the state did not hold much ground as the court while handling cases seeking CBI probe did not act at the instance of the state but "something against it". West Bengal and some others have contended that as per Section 5 & 6 of the Delhi Special Police Establishment Act, under which the CBI has been constituted, the investigating agency can conduct a probe in any state only with prior consent of the concerned government. However, in recent years, there have been instances when the Supreme Court and also various High Courts had been ordering probes by the CBI into high-profile cases. West Bengal is the main petitioner in this case as it had taken exception to the Calcutta High Court order for a CBI probe into the Midnapore firing incidents in which several Trinamool Congress workers were killed.

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