“CBI Doesn’t Need State Consent To File FIR”: Supreme Court

The Supreme Court has recently said that the CBI does not require the permission of the state governments to register cases against the Central officials posted in different areas of the states.

The top court has given this decision overturning the order of Andhra Pradesh High Court, which had quashed the CBI investigation against two central government employees in the corruption case.

A bench of Justices CT Ravikumar and Rajesh Bindal said in its judgment that ‘irrespective of the place of posting, the above factual position shows that they were Central Government employees/Central Government Undertakings and were allegedly guilty of violating the Prevention of Corruption Act and had committed a serious offense under the Act, which is a Central Act.

What is the case?

The case stems from an FIR lodged by the CBI under various provisions of the Prevention of Corruption Act against central government employees working in Andhra Pradesh.

The accused officer in the case had challenged the CBI’s jurisdiction 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) was a violation of the division.

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