SC Upholds State Police Authority to Probe Central Govt Staff Corruption Cases

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In a landmark ruling, the Supreme Court has reaffirmed the authority of state police agencies to investigate corruption cases against central government employees. The court has held that state police authorities are not restricted from probing such cases, and no prior permission from the Central Bureau of Investigation (CBI) is required. The decision came in response to a special leave petition challenging a Rajasthan High Court judgment, which had allowed the state Anti-Corruption Bureau (ACB) to investigate a corruption case against a central government employee. The Supreme Court bench of justices JB Pardiwala and Satish Chandra Sharma upheld the high court's ruling, stating that the ACB had jurisdiction to investigate the case under the Prevention of Corruption Act (PC Act). The court emphasized that the Delhi Special Police Establishment (DSPE) Act, 1946, which empowers the CBI to investigate corruption cases involving central government employees, does not divest state police authorities of their powers to investigate cognizable offences under other competent laws. The bench noted that the DSPE Act is permissive in nature and does not impair the jurisdiction or competence of regular state police forces. The Supreme Court also clarified that while it may be a matter of administrative convenience for corruption cases involving central government employees to be handled by the CBI, this arrangement does not amount to a legal bar on state police exercising jurisdiction. The court relied on its 1973 judgment in AC Sharma Vs Delhi Administration to support its ruling. The decision is significant as it provides a clear direction to state police agencies that they have the authority to investigate corruption cases against central government employees, without the need for prior permission from the CBI. The ruling is also in line with previous judgments of several high courts, including those of Madhya Pradesh and Andhra Pradesh, which have consistently held that state police agencies are competent to investigate corruption cases against central government employees.