Case Note & Summary
The case involved multiple appeals against a judgment of the Kerala High Court concerning allegations of espionage against several individuals, including foreign nationals. The initial arrests were made in 1994 under the Foreigners Act and the Indian Official Secrets Act. Following a recommendation from the Director General of Police, the investigation was transferred to the Central Bureau of Investigation (CBI) due to the complexity and nature of the allegations. The CBI completed its investigation and submitted a report indicating that the allegations were not substantiated, leading to the discharge of the accused. However, the Kerala Government later withdrew consent for the CBI to investigate further, prompting the accused to challenge this decision in the High Court. The High Court upheld the government's action, leading to the current appeals. The Supreme Court analyzed whether the State Government could withdraw consent after the CBI had commenced its investigation. It concluded that the withdrawal was invalid, citing that the consent granted under Section 6 of the Delhi Special Police Establishment Act could not be revoked once the investigation had begun. The court referenced previous judgments to support its position that the CBI's investigation must be allowed to conclude despite the withdrawal of consent. Ultimately, the Supreme Court ruled that the notification withdrawing consent was invalid and unsustainable in law, thereby allowing the CBI's findings to stand.
Headnote
A) Criminal Procedure - Withdrawal of Consent - Validity of Withdrawal - Delhi Special Police Establishment Act, 1946, Section 6 - The Supreme Court held that once consent was granted for CBI investigation, it could not be withdrawn after the investigation had commenced, as it would invalidate the ongoing investigation. The court emphasized that the State Government's notification withdrawing consent was unsustainable in law (Paras 23-26).
Issue of Consideration
Whether the withdrawal of consent by the State Government for CBI investigation was valid after the investigation had commenced.
Final Decision
The Supreme Court ruled that the withdrawal of consent by the State Government was invalid and unsustainable in law, allowing the CBI's findings to stand.
Law Points
- Withdrawal of consent
- jurisdiction of CBI
- further investigation
- conditional legislation
- espionage allegations
