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august 2010

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.

STATE OF WEST BENGAL vs COMMTT.FOR PROTECT,DEMOCRATIC RIGHTS&ORS · Niyam