The case pertains to the CBI probe into alleged large-scale theft and illegal transportation of coal from the Eastern Coalfield mines.
The case pertains to the CBI probe into alleged large-scale theft and illegal transportation of coal from the Eastern Coalfield mines.
The Supreme Court on Thursday asked the Center whether the Central Bureau of Investigation (CBI) can be “exempted” from the purview of its parent law, the Delhi Special Police Establishment (DSPE) Act, and a carte to expand its probe. Blanch given. In the territories of other states without their consent only on the basis of the mandate given by the Central Vigilance Commission (CVC).
“Will the CVC Act do away with the DSPE Act? CBI cannot be absolved of the obligations imposed on it with a state under the DSPE Act,” a bench of Justices DY Chandrachud and Hema Kohli addressed to the Centre, represented by Attorney General KK Venugopal.
The case pertains to a CBI probe into the alleged heavy theft and illegal transportation of coal from the Eastern Coalfield mines by the West Bengal government and central public sector officials in connivance with the mafia. However, one of the accused Anoop Majhi had approached the Supreme Court saying that the CBI case was politically motivated. The West Bengal government in 2018 withdrew its general consent to a CBI probe in the state. However, the Calcutta High Court had upheld the CBI probe in the state.
“As far as corruption by the officers of the Central Government is concerned, the concurrence of the State is not required at all,” Mr. Venugopal submitted.
He argued that the permission of the state government is not required for registration of the case to be investigated in the railway zone. Even if the state has withdrawn consent to the investigation, the railway zones constitute the exclusive domain of the CBI. State Police and Railway Protection Force cannot overlap the power and functions of CBI.
Senior advocate Mukul Rohatgi hit back and asked whether this means that if the officers of the central government commit crimes within the state, the state police cannot even register an FIR.
The CBI had earlier filed an affidavit in the Supreme Court, stating that it is to continue and complete the investigation under the orders of the CVC. The central agency’s affidavit had said, “The object of the accused persons is to destroy the natural resources for their own benefit in hundreds of crores of rupees, thereby causing loss of revenue to the central government.”
The question of consent is “insignificant in the trivial” compared to the enormity of the damage to public property caused by the crime.
The court has fixed the matter for hearing on October 18.