New Delhi, Jan 4 (Bureau) The Supreme Court has ruled that the Central Bureau of Investigation (CBI) does not require a State Government’s consent to register a First Information Report (FIR) against a Central Government employee under central legislation, even if the employee is posted within the state’s territory.The decision came in a case involving two FIRs registered under the Prevention of Corruption Act (PC Act) against Central Government employees working in Andhra Pradesh. The accused had approached the Andhra Pradesh High Court, arguing that the general consent previously granted to the CBI by the undivided Andhra Pradesh under the Delhi Special Police Establishment (DSPE) Act, 1946, could not apply to the newly bifurcated state. They contended that fresh consent from the State of Andhra Pradesh was required. The High Court agreed and quashed the FIRs. However, a Supreme Court Bench comprising Justice CT Ravikumar and Justice Rajesh Bindal overturned the High Court’s decision, holding that the general consent issued in 1990 for the CBI under the DSPE Act remained valid, including for the newly formed Andhra Pradesh.
The Court clarified that the offences in question were under central legislation and involved Central Government employees, making state consent unnecessary. The Supreme Court posed a key legal question: “Does the CBI require state consent to register an FIR under a Central Act merely because the accused employee works within the state’s territory?” The Court decisively answered in the negative, noting that the High Court had erred in its interpretation. The judgment also referred to the 1963 resolution by the Ministry of Home Affairs, which established the CBI’s role in cases involving public servants under the control of the Central Government. The resolution authorizes the CBI to act in cases where Central Government employees, either individually or in collaboration with state government employees or others, are involved. The Court said that the CBI’s authority to investigate corruption and related offences involving Central Government employees without requiring additional procedural approvals from state governments, ensuring seamless enforcement of central laws.