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SANJAY DHAR
Kumar Avinav – Appellant
Versus
Union of India Th. Commissioner/Secretary to Government Ministry of Home Affairs, New Delhi – Respondent
JUDGMENT
Sanjay Dhar, J.—A common question of law as to whether the Central Bureau of Investigation is vested with jurisdiction to investigate offences committed within the territorial jurisdiction of erstwhile State of Jammu and Kashmir prior to its bifurcation into two Union Territories, has arisen in all these petitions. Besides laying challenge on the ground of jurisdiction of the CBI to investigate the offences, certain other grounds of challenge to the prosecution launched by Central Bureau of Investigation against the petitioners, which are peculiar to individual cases have also been raised by the petitioners. The petitions have been clubbed together on account of the fact that a common question of law has arisen as regards the jurisdiction of Central Bureau of Investigation to investigate offences committed in the erstwhile State of Jammu and Kashmir, as such for the present, by virtue of this judgment/order, it is proposed to deal with the said question of law only.
2. It has been contended by learned counsels appearing for the petitioners that the Central Bureau of
Jurisdiction of Central Bureau of Investigation to investigate offences – Consent of State Government can be accorded at any stage, even when extension of jurisdiction of CBI to the State is still un....
The erstwhile State of Jammu and Kashmir has accorded general consent under Section 6 of the DSPE Act for the exercise of jurisdiction by the CBI to investigate certain offences in the State of Jammu....
The general consent given by the State Government for investigation of offences punishable under a specific act holds good for authorizing the investigative agency to investigate subsequent amendment....
CBI investigation – Govt. orders according general consent to exercise powers and jurisdiction under DSPE Act against private persons for alleged offences whether acting separately or in conjunction ....
The CBI does not require State consent for jurisdiction when the conspiracy is initiated outside the State, as established under Sections 5 and 6 of the DSPE Act.
Lack of sanction for prosecution is not always fatal to case of prosecution.
State consent under DSPE Act prior to FIR registration validates CBI investigation despite earlier preliminary verification; no quashing of proceedings post charge-sheet and cognizance absent miscarr....
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
The state government is constitutionally empowered to grant or withdraw consent for the investigation of offences by the central investigative agency within its territory. The power to grant consent ....
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