Since public servants cannot be discriminated against based on their location, the CBI does not need to investigate central government personnel: HC Calcutta

On Wednesday, the Calcutta High Court refused to interfere with the CBI’s ongoing probe into livestock and coal smuggling cases involving former TMC leader Vinay Mishra.

The defendants have been charged with charges under the Indian Penal Code and procedures under the Corruption Act, 1988 (PC Act, 1988), which are currently pending before the Special Judge, CBI, Paschim Bardhaman in Asansol.

The High Court found that the Central Government’s/power CBI’s to investigate and prosecute its officers cannot be influenced or tampered with by the State, citing its prior decision Ramesh Chandra Singh and Others Vs. Central Bureau of Investigation.

In light of the State of West Bengal’s withdrawal of general consent via a notification dated November 16, 2018, the petitioner’s attorney questioned the CBI’s jurisdiction to probe the incident. The petitioner made a similar argument.

The court did warn, however, that in some situations, officers belonging explicitly to the State Government may be involved, necessitating the State Government’s consent under Section 6 of the DSPE Act, which would not be necessary for an emergency.

As a result, the court dismissed the petition, concluding that no crime has been committed in the CBI’s continuing investigation and that there is no basis for interfering with the investigation’s progress.

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