New Delhi: In a landmark judgment reinforcing the powers of state investigative agencies, the Supreme Court on Monday ruled that State police authorities are fully competent to investigate and file chargesheets against Central Government employees accused of corruption. The apex court dismissed the notion that the Central Bureau of Investigation (CBI) holds exclusive jurisdiction over such officers.
The Bench, comprising Justice J.B. Pardiwala and Justice Satish Chandra Sharma, clarified that the Prevention of Corruption Act (PC Act) does not grant immunity to Central officers from state-level probes merely because of their employment status.
The ruling came in an appeal filed by Nawal Kishore Meena, a Central Government employee who sought to quash a corruption case registered against him by the Rajasthan Anti-Corruption Bureau (ACB). The petitioner argued that under the Delhi Special Police Establishment (DSPE) Act, only the CBI is empowered to investigate offenses involving Central employees. He contended that the State ACB had no jurisdiction to lay a trap or file a chargesheet without the "prior approval" or consent of the CBI.
Rejecting these arguments, the Supreme Court upheld the Rajasthan High Court’s decision. The Bench relied on the 1973 precedent of A.C. Sharma v. Delhi Administration, noting that the DSPE Act is "permissive" and not "exclusionary." It was enacted to enable the CBI to investigate specific offenses but does not divest regular state police authorities of their inherent power to enforce the law within their territory.
The Court observed:
"The scheme of the DSPE Act does not either expressly or by necessary implication divest the regular police authorities of their jurisdiction... [It] is intended merely to enable the Delhi Special Police Establishment also to investigate... without impairing any other law."
The judgment affirmed that corruption committed within a state's territorial jurisdiction is a concern for that state's law enforcement. If a Central officer demands a bribe in Rajasthan, the Rajasthan ACB is duty-bound to act. The Court approved similar views held by High Courts in Madhya Pradesh, Andhra Pradesh, and Kerala, consolidating the legal position that jurisdiction is concurrent.
This verdict effectively removes a major shield often used by errant Central officers to stall state-level investigations. By confirming that the CBI has no monopoly over Central bureaucrats, the Supreme Court has empowered State Vigilance Commissions and Anti-Corruption Bureaus to act swiftly against bribery without waiting for procedural clearances from New Delhi. This is a significant boost for cooperative federalism in the fight against corruption.