SC reserves judgment on HC power for CBI probe

The Supreme Court today reserved its judgment with regard to the powers of the High Court ordering a CBI inquiry without the consent of the state government concerned. A five-judge Constitution Bench, comprising Chief Justice Mr KG Balakrishnan and Justices R V Raveendran, Mr DK Jain, Mr P Sathasivam and Mr JM Panchal, reserved their judgment on a batch of petitions after hearing the counsel for the parties. The petitioners, including state of West Bengal, Mr G Janardhan Reddy and others have contended that the High Court cannot order a CBI inquiry unless and until the state government agrees, which the state should decide on the basis of its assessment of the situation. Solicitor General Mr GE Vahanvati, appearing for the Union government, however, argued that while under Article 226 of the Constitution, the High Court has the powers to direct any independent investigating agency, including the CBI, to ensure free and fair investigation in a case even without the consent of the state government, the SC can entertain petitions for CBI investigation under Article 32 of the Constitution only in case of violation of Fundamental rights of a citizen.

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