New Delhi: The Supreme Court has said that the Central Bureau of Investigation (CBI) does not require consent from state government to register a First Information Report (FIR) under the central law against central government officials working within the territory of a particular state.
A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal held this while allowing an appeal filed by the CBI against an order of the Andhra Pradesh High Court quashing the CBI investigations in corruption cases against two central government employees.
What did the apex court say?
“Irrespective of the place of posting, the aforesaid factual position would go onto show that they were central government employees/central government undertaking employees and allegedly committed serious offence under PC (Prevention of Corruption) Act, which is a Central Act. Therefore, the question is in such circumstances merely because such an employee works within the territory of a particular State, to register an FIR by the CBI in connection with commission of an offence under a Central Act whether consent from the State Government concerned is required or not? The said question is no longer a legal conundrum in view of the decisions of this Court in Kanwal Tanuj v. State of Bihar and Ors. and in Fertico Marketing and Investment Pvt. Ltd.’s case,” the bench said while setting aside the High Court order.
FIRs were registered against central government employees working in Andhra Pradesh
The CBI had registered FIRs against central government employees, who were working in Andhra Pradesh, over corruption under the PC Act and they challenged the jurisdiction of the CBI, submitting that the general consent granted by the undivided state of Andhra Pradesh to the CBI under the Delhi Special Police Establishment Act, 1946 (DSPE Act) did not automatically extend to Telangana following the bifurcation of Andhra Pradesh.
High Court quashed FIRs and further proceedings
The High Court considered the questions whether the lack of consent as also the lack of notification for a special court under the PC Act would vitiate the proceedings and answered the questions in affirmative and resultantly, the registration of the respective FIRs and filing of the chargesheets were held as vitiated for the absence of consent from the State of Telangana to the CBI, to register the FIRs and conduct investigation.
High Court’s finding cannot be the correct law: Apex Court
The apex court bench, however, said that finding of the High Court that all ‘laws’ pertain only to the State of Andhra Pradesh cannot be the correct law and the legal fiction should be that such laws would be in force in the new State unless altered or repealed or amended by it, in accordance with law.
“In such circumstances and in the light of the conclusion already arrived at, the terms of the provisions under circular memo dated May 26, 2014 all ‘laws’ applicable to the undivided state of Andhra Pradesh on June 1, 2014 would continue to apply to the new states, namely, Telangana and Andhra Pradesh despite the bifurcation of the erstwhile Andhra Pradesh till such time they were altered, repealed or amended,” the bench said and added, “The impugned judgment whereunder subject FIRs and further proceedings in pursuance thereof, were quashed cannot be sustained.”
