Yes. The high court has the power to direct the CBI to conduct investigation in a case even if that offence has occurred within the territorial jurisdiction of a State. Likewise, the high court has power to transfer a pending case under investigation with State Police within the territorial jurisdiction of a State to the Central Bureau of Investigation (CBI). This power is covered within Article 226 of the Constitution. And, for the high court to exercise this power, consent of the State Government is not required under Section 6 of the Delhi Special Police Establishment Act, 1946.
In the case of State of W.B. v. Committee for Protection of Democratic Rights, (2010) 3 SCC 571 : AIR 2010 SC 1476, a Constitution bench of the Supreme Court has affirmed this legal position. It was held that a direction by the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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