Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Vigilance Commission Act (d) and 11 2003 CBI ss.8(1)(a) s.4A(1) of DSPE Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Delhi Special Police Establishment Act, 1946 (25 of 1946) Lokpal and Lokayuktas Act, 2013 (1 of 2014) Central Vigilance Commission Act, 2003 (45 of 2003) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Central Vigilance Commission Act, 2003 – ss.8(1)(a), (d) and 11 – Competence of the CVC and the Government of India to divest the Director, CBI of all his powers, functions, duties, supervisory role etc. without obtaining the prior consent of the Committee constituted under s.4A(1) of DSPE Act to make recommendations for appointment of the Director, CBI – Held: The long history of evolution has shown that the Institution of the CBI has been perceived to be necessarily kept away from all kinds of extraneous influences so that it can perform its role as the premier investigating and prosecuting agency without any fear and favour and in the best public interest – The head of the Institution, namely, the Director, naturally, therefore, has to be the role model of independence and integrity which can only be ensured by freedom from all kinds of control and interference except to the extent that Parliament may have intended – Such intendment would require all Authorities to keep away from intermingling or interfering in the functioning of the Director – In a situation where such interference may at all be called for, public interest must be writ large against the backdrop of the necessity – The relevance and adequacy of the reasons giving rise to such a compelling necessity can only be tested by the opinion of the Committee constituted under s.4A(1) of the DSPE Act in whom the power to make recommendations for appointment of the Director has been vested by Parliament – This alone can provide an adequate safeguard to ensure the independence of the office keeping in view the legislative intent – Delhi Special Police Establishment Act, 1946 – ss.4(1), 4A, 4B – Lokpal and Lokayuktas Act, 2013. CBI – Brief history of CBI – Origin of CBI – Police force in the country was initially governed by the Police Act, 1861 – DSPE Act was enacted in 1946 to carve out an exception to the Police Act, 1861 – It is the DSPE brought into existence by DSPE Act, 1946 which today is known as the CBI. CBI – Role of CBI – Investigation of anti-corruption cases; economic offences and ordinary crimes of special importance have come to be vested in the CBI which exercises its jurisdiction in the territory of all States and Union Territory with consent of State Governments. Delhi Special Police Establishment Act, 1946 – s.4A and s.4B – Legislative intent of – Held: The clear legislative intent in bringing s.4A and s.4B to the statute book is for the purpose of ensuring complete insulation of the office of the Director, CBI from all kinds of extraneous influences, as may be, as well as for upholding the integrity and independence of the institution of the CBI as a whole – If the legislative intent would have been to confer in any authority of the State a power to take interim measures against the Director, CBI thereby affecting his functioning, surely, the legislation would have contained enabling provisions to that effect and consequently would have been differently worded and drafted – Central Vigilance Commission Act, 2003 |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2019 INSC 36 |
Petitioner | Alok Kumar Verma |
Respondent | Union Of India & Anr. |
SCR | [2019] 1 S.C.R. 100 |
Judgement Date | 2019-01-08 |
Case Number | 1309 |
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