Kolkata: Attractive “General Approval” by countries to CBI cannot hinder the agency of the cost of corruption that investigates the Central Government officials, the Calcutta High Court held on Wednesday.
Judge Tirthankar Ghosh, in the order of 30 pages, said “offenders under the prevention of corruption must be handled with the same”.
HC said central officers can be posted in various countries and they cannot be “distinguished and / or discriminated against” because their offices are in various countries.
The court further said they must be “transported for corruption in the same way uniform throughout the country”.
On Wednesday, HC refused to “annoying” with the CBI probe in the case of coal mining and illegal livestock smugglers, where Vinay Mishra – a former TMC youth leader – has been involved, said there was no “committed illegality” by the CBI.
test.
The court rejected the Bengal petition, said the September Fir submitted by the CBI – two years after the country attracted approval for all CBI probes in Bengal – not valid in this case because the officers involved in FIR were all the central officers.
CBI FIR in these cases is contrary to BSF officials and customs.
HC said the withdrawal of approval can be applied to “cases where exclusively officers belonging to the state government are involved”.
The court also argues that the field of central government operations cannot be limited by the Central Law or any state.
Mishra, now residents of Vanuatu, are likely to move the Supreme Court.
The judge said that if the central government or the CBI investigated the “action and negligence” of its own officers (in connection with illegal coal mining and the case of livestock smuggling), it could not be bothered by the state even if the violation was carried out in its territory.
Mishra Abhishek Manu Singhvi’s advice and Ayan Bhattacharjee argued that the CBI did not have jurisdiction to investigate and start any case in Bengal after the last interesting approval.
The previous country has revoked the general agreement through Gazette notification on November 16, 2018.
Bengal AG Kishore Datta believes that the CBI registered Fir other and that it “exceeded her jurisdiction”.
It was said that while alleged illegal mining occurred in areas outside the “suburban area”, the recovery place “coal theft” was in Pandabeswar Railway Siding.
YJ Dastoor and Pheiroze Edulji, appearing for the CBI, argues that if the state has resigned for a case investigation, it cannot be withdrawn for the railroad area where the alleged theft of coal occurred.
Withdrawal ‘General Approval’ cannot stop the CBI graft probe against the central staff: HC
