Supreme Court Affirms Jurisdiction of State ACB in Corruption Cases Involving Central Government Employees Apex Court Rules Anti-Corruption Bureau Can Investigate Central Employees Without CBI Consent
In a significant ruling, the Supreme Court of India has upheld the jurisdiction of the State Anti-Corruption Bureau (ACB) to register and investigate criminal cases under the Prevention of Corruption Act, 1988, against Central Government employees within its territorial jurisdiction. This decision was delivered in the case of Nawal Kishore Meena @ N.K Meena v. State of Rajasthan, with the judgment pronounced by the bench comprising Justices J.B. Pardiwala and Satish Chandra Sharma.
The court was addressing two pivotal legal questions: whether the State ACB could initiate investigations against Central Government employees without the Central Bureau of Investigation's (CBI) prior consent, and whether a charge-sheet filed by the ACB without CBI's approval stands valid. The High Court's decision in favor of the ACB's jurisdiction was upheld, affirming the bureau's authority to investigate and file charge-sheets in such cases.
The judgment clarified that the Prevention of Corruption Act does not exclude State agencies from probing corruption cases involving Central Government employees. The court held that the Delhi Special Police Establishment Act, 1946, which governs the CBI, does not restrict State police or agencies from their jurisdiction over such matters. Both CBI and State Police have concurrent jurisdiction, with specific cases assigned to CBI for administrative efficiency.
The court referred to several precedents, including A.C. Sharma v. Delhi Administration (1973), which supported the view that State agencies retain their investigative powers under general law unless expressly limited by special provisions. The ruling reinforces the autonomy of State ACBs in combating corruption, emphasizing the cooperative framework between State and Central agencies in upholding the law.
Bottom Line:
Anti-Corruption Bureau (ACB) of a State has jurisdiction to register and investigate criminal cases under the Prevention of Corruption Act, 1988 against Central Government employees within its territorial jurisdiction, without requiring prior consent or approval of the Central Bureau of Investigation (CBI).
Statutory provision(s): Prevention of Corruption Act, 1988 Sections 17, 4(2), 22, Criminal Procedure Code, 1973 Sections 156, 4(2), Delhi Special Police Establishment Act, 1946
Nawal Kishore Meena @ N.K Meena v. State of Rajasthan, (SC) : Law Finder Doc Id # 2840895
