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| Courts can order CBI probe, rules SC |
| Rajat Roy & Agencies / Kolkata Feb 18, 2010, 00:16 IST |
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The Supreme Court today upheld the constitutional validity of the courts' powers to order for a Central Bureau of Investigation (CBI) probe without the consent of state governments with a rider that this should be used cautiously and sparingly. In a unanimous verdict, a five-judge Constitution Bench headed by Chief Justice K G Balakrishnan said such powers have to be exercised cautiously by the apex court and the High Courts.
The verdict dealt a body blow to the CPI(M)-led West Bengal government's position that the CBI can conduct a probe in any state only with prior consent of the concerned state government.
The verdict came after the West Bengal government challenged the Calcutta High Court's suo motu decision to order CBI inquiry into cases like police firing at Nandigram in 2008 and, gruesome killings in Chhoto-Angaria in West Midnapore in 2001. The state law minister Rabilal Moitra avoided making any comment on this verdict and senior officials said that they needed time to examine the full text of the verdict before reacting to it.
While passing the judgment, the Chief Justice, K G Balakrishnan, cautioned that such powers have to be exercised cautiously by the apex court and the High Courts in exceptional and extraordinary circumstances in cases having national and international ramifications to ensure protection of fundamental rights to the citizens under the Article 21 of the Constitution.
Incidentally, on March 14, 2008 when police fired on hundreds of farmers at Nandigram who had been opposing the state administration's bid for acquiring farm land for setting up a chemical hub there, the Calcutta High Court suo motu ordered the CBI to investigate the matter.The CBI's preliminary report was also placed before the high court.
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