BIHARI LAL BHAGAT Vs. CBI
HIGH COURT OF JAMMU AND KASHMIR
Bihari Lal Bhagat
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(1.) THE Central Bureau of Investigation (C.B.I) registered a case under section 3/7 of the Essential Commodities Act 1955. After investigation
report under section 173 of the Criminal Procedure Code has been produced
in the Court of Sessions Judge, Kathua. Sessions Judge, Kathua who is
ex -officio Special Judge under the Essential Commodities Act has framed
charge under section 3/7 of the Essential Commodities Act vide order
dated 09 -12 -1998. The petitioner challenges the order on the grounds that
the investigation of the case being without jurisdiction the order
framing the charge is illegal and an abuse of the process of the court
and therefore liable to be quashed.
(2.) MR . Sethi appearing for the petitioner argued that consent of the State Government is necessary under section 6 of the Delhi Police
Establishment Act (for short the Act). The Act empowers the C.B.I, to
investigate offences for which notification dated 01 -04 -1964 has been
issued under Section 5 of the Act. His further argument is that as per
objects and reasons the Act empowers to investigate only offences of
bribery and corruption committed by officers or others in the department
of Central Government. Since the petitioner is not an employee of any
government department, the investigation was without jurisdiction and the
(3.) MR . Bhat on the other hand argued that C.B.I, has the power to investigate and the charge has been rightly framed. He further argued
that revision against the order of framing charge is not maintainable.
The first ground of challenge is without any basis in view of the
judgment of this court in ËœLt. Col. H.N. Tripathi Vs. Stateâ„¢, JKLR
1987 (1) 386 in which it has been held that: -
8. The Central Government vide notification No. 25/3/60 -AVD (i) and (ii) dated 01 -04 -1964, authorised the SPE to investigate offences punishable under the State P.C. Act as well as under Sections 161 and 165 RPC besides other specified offences detailed in the notification, in Jammu and Kashmir. The notification had been issued consequent upon the consent of the State Government for their issuance conveyed vide letter No. S -253/57 -PD dated 18 -12 -1963 addressed by the Secretary to the Government of J&K. General Department to the Deputy Secretary to Govt. of India, Ministry of Home Affairs, New Delhi. These notifications are a complete answer to the first argument of Mr. Koul, as CBI vide these notifications read with the relevant provisions of the 1946 Act has jurisdiction to investigate the offences specified therein and the offences in the present case have been so specified. Brother Bhat J, has not made any reference, whatsoever, to these notifications at all in his judgment let alone considered them and thus, reached a conclusion to the contrary. Brother Sethi J, has, however, on the strength of these notifications repelled the argument of Mr. Koul and I am in complete agreement with his lordship.
However, according to Mr. Sethi the letter of the State Government relied in the case of Tripathi (supra), being prior in date of
the notification, it could not be construed as consent under section 6 of
the Act. Even this argument must fail because section 6 does not
contemplate a separate notification evidencing consent. This section
reads as under: -
Consent of State Government to exercise of powers and
jurisdiction. Nothing contained in section 5 shall be deemed to enable
any member of the Delhi Special Police Establishment to exercise powers
and jurisdiction in any area in a State, not being a Union territory or
railway area, without the consent of the Government of that State. ;
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