Case Note & Summary
The writ petition was filed under Article 32 of the Constitution of India by the petitioner, a former Chief Minister of Uttar Pradesh, challenging the validity of FIR No. R.C. 0062003A0019 dated 05.10.2003, which was lodged under the Prevention of Corruption Act, 1988, for alleged disproportionate assets. The petitioner contended that the FIR was beyond the scope of the Supreme Court's earlier directions regarding the Taj Heritage Corridor Project. The Supreme Court had previously directed the CBI to investigate irregularities related to the project, specifically concerning an amount of Rs. 17 crores released without proper sanction. The petitioner argued that the directions did not authorize an inquiry into her personal assets unrelated to the project. The CBI, however, claimed that the FIR was valid as it followed the Supreme Court's directive for further investigation into the petitioner's assets. The court analyzed various orders issued in the case, concluding that the directions were confined to the Taj Corridor matter and did not extend to the investigation of the petitioner's assets. The court emphasized that the CBI's actions were without jurisdiction as they failed to obtain the necessary consent from the State Government as mandated by Section 6 of the Delhi Special Police Establishment Act, 1946. Ultimately, the court quashed the FIR, ruling that the CBI exceeded its authority in proceeding with the investigation into the petitioner's assets. The intervention application filed by a social worker was also dismissed as the intervener had no legal standing in the matter.
Headnote
A) Constitutional Law - Jurisdiction of CBI - Lack of Consent - Section 6 of the Delhi Special Police Establishment Act, 1946 - The CBI's investigation into the petitioner's assets was conducted without the necessary consent from the State Government, rendering the FIR invalid. The court held that the CBI exceeded its jurisdiction by proceeding with the investigation without proper authority (Paras 22-22).
Issue of Consideration
Whether the FIR lodged against the petitioner for disproportionate assets was beyond the scope of the directions issued by the Supreme Court.
Final Decision
The Supreme Court quashed FIR No. R.C. 0062003A0019 dated 05.10.2003, ruling that the CBI exceeded its jurisdiction by proceeding without the necessary consent from the State Government as required under Section 6 of the Delhi Special Police Establishment Act, 1946.
Law Points
- Article 32 of the Constitution of India
- Prevention of Corruption Act
- 1988
- Delhi Special Police Establishment Act
- 1946
- Code of Criminal Procedure
- 1973
