Supreme Court to examine scope of CBI’s powers to exercise jurisdiction over Railway Areas without consent of State government

The Supreme Court will examine whether the Central Bureau of Investigation (CBI) exercise its jurisdiction over railway areas without the consent of the concerned State government (Anup Majee v. Central Bureau of Investigation). .A plea raising this issue was filed before the Supreme Court which proceeded to issue notice to the CBI, Central government and State of West Bengal..“The extension of powers and jurisdiction of CBI to any areas including railway areas in a State as granted by Central government under Section 5 of Delhi Special Police Establishment Act (DSPE Act) is subject to the consent of the concerned State government as per Section 6 of DSPE Act,” the petition filed through advocate Jaikriti S Jadeja said..Failure to obtain such consent from the State government goes to the root of the matter and vitiates the entire investigation of the CBI, it added.The plea was filed by one Anup Majee accused in an illegal coal trading case, challenging a February 12 order by a Division Bench of the Calcutta High Court which had granted permission to the CBI to probe the case within the State of West Bengal..Senior Advocate Mukul Rohatgi for Majee prayed for interim protection from arrest as be could be arrested anytime. However the bench noted that it would hear both CBI and him on Monday and then pass orders.However the prayer for interim protection from coercive action was not granted..Investigation into ‘Railway Areas’ was one of the major aspects of the case as the coal illegally removed from mines was transported through railways starting from railway siding in the mining areas to different places.The Division Bench order itself stayed a single-judge order which had restricted the power of CBI to carry out probe within ‘Railway Areas’ situated in West Bengal as covered by definition of “railway” as provided in the Railways Act of 1989..The single-judge had ruled that any action which required the investigation to go beyond the ‘railway areas’ should be done by CBI only after taking the consent of the State government.The Division Bench, however, stayed the same stating that investigation would require CBI to go beyond “Railway Areas” and proper investigation cannot be carried out if investigation is divided in parts drawing lines on territories..In his plea before the Supreme Court, Majee raised a three-fold contention as regards the power of CBI.Firstly, he submitted that the notification of 1982 issued under Section 5 of DSPE Act does not mention “Railway Areas” and hence CBI cannot exercise powers over “Railway Areas” unless it was specifically mentioned..Even otherwise, once the State of West Bengal withdrew its general consent for CBI under Section of DSPE Act, power of CBI to investigate any offence within the State of West Bengal including “Railway Areas” stood abrogated, the plea contended.Secondly, it was submitted that allegations relate to coal mining in mining areas which do not fall within “Railway Areas” and therefore the investigation by CBI is de hors the law..Thirdly, it was highlighted that the term “Railway Areas” has not bee defined under the DSPE Act and the definition of Railways under Railways Act should be considered as the reference point to ascertain the areas covered by Railways.As per the Railways Act, it is the Railway Protection Force which is empowered to investigate offences within the Railway Areas, the plea stated..Besides, the above the petition also raised an addition ground regarding the procedural roadblock for a Division Bench of the High Court to hear the matter.“The writ appeal filed before the Division Bench of High Court at Calcutta are not maintainable in light of bar contained under clause 25 of the Letter Patent constituting the High Court of Judicature at Bengal,” the plea said..Clause 25 bars appeals to High Court from a Bench of High Court exercising original criminal jurisdiction..When the matter came up for hearing today, Senior Advocate Mukul Rohatgi, appearing for Majee prayed for interim protection from arrest. However, the Bench of Justices DY Chandrachud and MR Shah noted that it would hear both CBI and Majee on Monday and then pass orders..Senior Counsel Dr. Abhishek Manu Singhvi for West Bengal supported Majee as regards legal questions raised in the plea..The case will be heard next on March 1.