SC, HC’s can order CBI probe without centre’s consent

The Supreme Court held that it and the High Courts can order CBI investigation even without prior consent of the Centre or the concerned state governments.

A constitution bench comprising Chief Justice of India K G Balakrishnan , Justices R V Raveendran, D K Jain, P Sathasivam and J M Panchal delivered the judgement.

The main contention of the petition was that court cannot order CBI investigation in a case unless and until the concerned state government agreed to hand over the probe to the agency.

The apex court, rejecting the contention, noted that the High Courts and the Supreme Court are custodians and protectors of fundamental rights of the citizens. As every citizen is entitled to free and fair investigation, the State cannot be permitted to deprive the victims of a crime or malicious prosecution of their rights to get justice through such a probe.

The operative portion of the judgement was read out by Justice Jain.