Supreme Court of India · 2010-08-10
STATE OF WEST BENGAL vs COMMTT.FOR PROTECT,DEMOCRATIC RIGHTS&ORS
- Citation / case number
- SC 2001/6236
- Court
- Supreme Court of India
- Petitioner
- STATE OF WEST BENGAL
- Respondent
- COMMTT.FOR PROTECT,DEMOCRATIC RIGHTS&ORS
- Author
- D.K. JAIN
- Bench
- DALVEER BHANDARI,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court addressed whether the High Court can direct the CBI to investigate a cognizable offence within a State's jurisdiction without the State's consent under Article 226 of the Constitution. The Court held that such a direction is permissible only in exceptional circumstances where the State police's impartiality is in question, emphasizing the need for a fair investigation. The Court referred the matter to a Constitution Bench for further deliberation on the legal implications of this jurisdictional issue.