CBI didn't need HP's consent to probe against Virbhadra: Court

The CBI did not require separate permission from Himachal Pradesh government to conduct a probe within the state in a disproportionate assets case against Chief Minister Virbhadra Singh, a special court today said.
The court's observation came as the Delhi High Court had asked it to consider the aspect whether the CBI required any "specific consent" from the state to conduct investigation within its territory against the chief minister.
The same issue was raised by Singh's wife Pratibha Singh, also a co-accused, who had moved the trial court urging that cognisance should not be taken on the charge sheet as the state's consent was a pre-requisite for CBI to carry out probe there. She, however, withdrew her application.

The court, which summoned the couple along with seven others after taking cognisance of the charge sheet, noted that the Centre, with the consent of Himachal Pradesh, had passed a circular in 1990 extending CBI's powers and jurisdiction to the entire state for probe of various offences.
It said as per the circular, CBI had the jurisdiction to probe the offences committed by Central government officials in the state including those punishable under the Prevention of Corruption Act and other statutes.
Special Judge Virender Kumar Goyal said a notification was issued by Chhattisgarh Government in 2012 by which its consent was required for CBI probe on a case-to-case basis.

"No such notification/circular has been issued on the basis of the state of Himachal Pradesh. So, the circular issued in 1990, in general is applicable.
"Hence, no permission was required separately to conduct investigation within the territory of state of Himachal Pradesh in this case," it said.
The CBI charge sheet, running into over 500 pages, claimed that Singh had amassed assets worth around Rs 10 crore which were disproportionate by 192 per cent to his total income during his tenure as Union minister.