SC: CBI doesn’t need state’s consent for FIR against central staff

The CBI does not need the permission of state governments to register an FIR against Centre’s officials posted in the different jurisdictions of states, the Supreme Court has ruled.

The Bench reversed the Andhra Pradesh HC’s order quashing a CBI probe against two Central Government employees under the Prevention of Corruption Act over alleged corruption.

The CBI had lodged FIRs against the employees working in Andhra Pradesh. However, the accused duo challenged the CBI’s jurisdiction before the Andhra Pradesh HC on the ground that the general consent granted to the CBI under Section 6 of the Delhi Special Police Establishment Act, 1946 (DSPE Act) by the undivided state of Andhra Pradesh did not automatically extend to the newly formed state of Andhra Pradesh after its bifurcation in 2014. The HC quashed the FIRs insisting a fresh consent from Andhra Pradesh was required.

Writing the verdict for the Bench, Justice Ravikumar disagreed with the court’s interpretation, saying the HC erred in asking for a fresh state consent for CBI’s probe against Centre’s employees.

“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Telangana and Andhra Pradesh despite the bifurcation of the erstwhile Andhra Pradesh till such time they were altered, repealed or amended, the top court said.