SC bats for judicial oversight in Central State agencies’ tiff

Syllabus: GS-II; Subject: Polity, Topic: Federalism, Issue: Central  Agencies

Context: a petition  filed by the Enforcement Directorate in the Supreme Court. against the criminal prosecution launched by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) against an ED officer.

Court Observations:

  • The Supreme Court called for judicial oversight in conflicts between Central and State agencies to prevent unjust prosecution.
  • It questioned which agency should investigate if a Central employee commits an offense in a State’s jurisdiction.

Central Agencies vs State Governments:

Consent of the states is required under Section 6 of the Delhi Special Police Establishment Act, either general (for seamless investigations) or specific (on a case-by-case basis).

Conclusion:

The situation underscores the lack of clarity regarding the CBI’s role as a federal investigative agency.

+Prelims Connect:

·        The Central Bureau of Investigation (CBI) is the primary investigative agency of the Central Government.

·         empowered by the Delhi Special Police Establishment Act, of 1946.

·        The Enforcement Directorate (ED) is the premier financial investigation agency of the Indian government.

·         It operates under the Department of Revenue, Ministry of Finance.

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