HC upholds AP banning CBI

Hyderabad: The Hyderabad High Court on Tuesday was not inclined to interfere in the Andhra Pradesh state government’s Government Order 176, which was issued to withdraw general consent to the CBI to exercise the its powers and jurisdiction under the DSPE Act in AP.

The Hyderabad High Court on Tuesday was not inclined to interfere in the Andhra Pradesh state government’s Government Order 176, which was issued to withdraw general consent to the Central Bureau of Investigation to exercise its powers and jurisdiction under the Delhi Special Police Establishment (DSPE) Act in the State of Andhra Pradesh.

A division bench comprising Chief Justice T.B.N. Radhakrishnan and Justice SV Bhatt was hearing a public interest litigation (PIL) by A Jhansi Laxmi, general secretary of the Forum for Social Justice, and two other NGOs, which sought suspension of the said GO, issued by the state home ministry on November 8, 2018 .

The counsel for the petitioners submitted that according to GO 176, the speedy trial and shall increase the crime rate as well as corruption in the state of Andhra Pradesh, and under Section 6 of the DSPE Act the consent of the state was necessary for the CBI to investigate.

The counsel said that the state government has like the Note for Vote case and alleged irregularities in the Pattiseema Project.

He brought to the notice of the bench that in 1998, the Kerala state government had passed a similar order and the Supreme Court had quashed the GO.

While perusing the apex court’s judgments, the bench felt that it was meant for a particular case.

The Chief Justice made it clear that the withdrawal of the general consent does not preclude the High Court under Article 226, and the Supreme Court under Article 32 to direct the CBI to take up investigation, reinvestigation, denova investigation and complete investigation. The bench dismissed the plea.