The Supreme Court on Thursday asked the Centre whether the Central Bureau of Investigation (CBI) can be “liberated” from the ambit of its parent law, The Delhi Special Police Establishment (DSPE) Act, and given a carte blanche to extend its probe into territories of other States without their consent merely on the basis of a mandate given by the Central Vigilance Commission (CVC).
“Will the CVC Act overcome the DSPE Act? The CBI cannot be liberated from the obligations placed on it with a State under the DSPE Act,” a Bench of Justices D.Y. Chandrachud and Hima Kohli addressed the Centre, represented by Attorney General K.K. Venugopal.
The case concerns a CBI probe into the allegedly massive theft and illegal transportation of coal from the Eastern Coalfield mines by West Bengal government and Central public sector officials in cahoots with the mafia. However, one of the accused, Anup Majee, had approached the Supreme Court saying the CBI case was politically motivated. The West Bengal government had withdrawn its general consent for CBI investigations in the State in 2018. However, the Calcutta High Court had upheld the CBI probe in the State.
“So far as corruption by Central government officers is concerned, State consent is not required at all,” Mr. Venugopal submitted.
He argued that no permission of the State government was required for the registration of a case carrying out an investigation in the railway area. Even if the State had withdrawn consent for investigation, railway areas constitute the exclusive domain of the CBI. State Police and the Railway Protection Force cannot overlap the power and functions of the CBI.
Senior advocate Mukul Rohatgi countered, asking whether it meant the State Police could not even register FIRs if the Central government officers committed crime within the State.
The CBI had earlier filed an affidavit in the Supreme Court, contending that it was under a mandate of the CVC to continue and complete the investigation. “The object of the accused persons is to siphon off depleting natural resources for their own gain running into hundreds of crores of rupees, thus leading to a loss of revenue to the Central government," the Central agency affidavit had said.
The question of consent "pales into insignificance" when compared to the enormity of loss of public wealth caused by the crime.
The court posted the case for hearing on October 18.
