2010 Supreme(Ori) 76

2010 (I) OLR (SC) — 584
K.G. BALAKRISHNAN, C.J. AND R.V. RAVEENDRAN, D.K. JAIN, P. SATHASIVAM AND J.M. PANCHAL, JJ.
State of West Bengal & Ors.... Appellant(s)
Versus
The Committee For Protection Of Democratic Rights, West Bengal & Ors.... Respondent(s)
Civil Appeal Nos. 6249-6250 of 2001
With
W.P. (CRL.) 24 of 2008,
SLP (CRL.) No. 4096 of 2007 and W.P. (C) No.573 of 2006
Decided on 17th February, 2010.

Headnote:1. CONSTITUTION OF INDIA, 1950 - Arts. 32, 142, 144 and 226 - Whether the High Court in exercise of its jurisdiction under Art. 226 can direct the C.B.I. to investigate a cognizable offence, which is alleged to have taken place within the territorial jurisdiction of a State, without the consent of the State Government ? - Arts. 32 and 142 empowers the Supreme Court to issue such directions as may be necessary for doing complete justice in any cause or matter - Art. 144 also mandates all authorities civil or judicial in the territory of India, to act in aid of the orders passed by Supreme Court - High Courts are authorised under Art. 226 to issue directions, orders or writs to any person or authority, including any Government to enforce fundamental rights and for any other purpose - Held, directions of High Court will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law. (Paras - 34 to 45)

       2. SPECIAL POLICE ACT - Secs. 5 and 6 - Sec. 5(1) empowers the Central Government to extend the powers and jurisdiction of members of the Delhi Special Police Establishment to any area in a State - Section 6 imposes a restriction on the power of the Central Government to extend the jurisdiction of the said establishment only with the consent of the State Government concerned - Whether the restriction imposed on the powers of the Central Government would apply mutatis mutandis to the Constitutional Courts as well ? - The power of judicial review stands entirely on a different pedestal - Power of the High Court and Supreme Court to test the constitutional validity of legislations can never be ousted or even abridged. (Paras - 22 to 32)

       3. CONSTITUTION OF INDIA, 1950 - Arts. 21, 32 and 226 - Being the protectors of civil liberties of the citizens, Supreme Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Art. 21 in particular, zealously and vigilantly - This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. (Paras - 45 to 47)

       4. CONSTITUTION OF INDIA, 1950 - Arts. 32, 226 and 13 - Power of judicial review vested in the Supreme Court and High Courts is an integral part and essential feature of the Constitution, constituting part of its basic structure - Power of the High Court and Supreme Court to test the constitutional validity of legislations can never be ousted or even abridged - Art. 13 of the Constitution not only declares the pre-constitution laws as void to the extent to which they are inconsistent with the fundamental rights, it also prohibits the State from making a law which either takes away totally or abrogated in part a fundamental right - Judicial review of laws is embedded in the Constitution by virtue of Art. 13 read with Articles 32 and 226 of the Constitution. (Para - 32)

       5. CONSTITUTION OF INDIA, 1950 - Arts. 32, 142 and 144 - Duty of Supreme Court to ensure that no fundamental right is contravened or abridged by any statutory or constitutional provision - Power conferred by the said clause is in the widest terms and is not confined to issuing the high prerogative writs specified in the said clause but includes within its ambit the power to issue any directions or orders or writs which may be appropriate for enforcement of the fundamental rights - Arts. 32 and 142 which empower Supreme Court to issue such directions as may be necessary for doing justice in any cause or matter - Article 144 also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders by Supreme Court. (Paras - 32 to 34)