CBI Was Sufficiently Empowered To Investigate Cases In Erstwhile State of J&K In Terms Of General Consent: J&K&L High Court

The High Court of J&K and Ladakh on Thursday ruled that Central Bureau of Investigation enjoyed the requisite jurisdiction to investigate offences committed within the territorial jurisdiction of erstwhile State of J&K in terms of the general consent given on May 7, 1958 and December 8, 1963 by the government. In their pleas, the petitioners had submitted that the CBI lacked the jurisdiction to investigate the FIRs which had been impugned in these petitions because no consent in terms of Section 6 of the Delhi Special Police Establishment Act had been accorded by the erstwhile State of J&K to the investigation of the instant cases. Elaborating further on the matter, the court said that it appears that on 10th February, 1961 an order under Section 5 of the DSPE Act has been issued by the Central Government whereby jurisdiction of CBI to investigate offences in the State of Jammu and Kashmir in respect of certain offences under RPC and J&K State Prevention of Corruption Act, 2006 has been extended. Dealing with the argument of the petitioners that the members of the CBI are not vested with jurisdiction to investigate offences under Jammu and Kashmir Prevention of Corruption Act as a specialized agency in the form of State Vigilance Organization has been created for investigation of offences, the court said once an order under Section 5 of the DSPE Act is issued extending the powers of CBI for investigation of any offences, a member of the CBI discharging functions of a Police Officer in that State, is deemed to be a member of the Police Force of that area and he is vested with powers, functions and privileges etc.