New Delhi, Mar 21 (UNI) The Supreme Court today referred to a five-judge Constitution Bench the issue whether courts can order a CBI inquiry into an offence committed within the territorial jurisdiction of the state without prior permission of the state concerned.

A Bench, comprising Justices V N Agarwal, P P Naolekar and H S Bedi, also referred the issue whether the consent once given can be subsequently withdrawn by the state concerned and what would be the effect of such withdrawal.

States have been questioning the powers of the courts, mainly those of the Supreme Court and High Courts, to order a CBI inquiry in violation of section 6 of the Delhi Special Police Establishment Act 1946, which lays down that the CBI cannot investigate a case without prior permission of the state concerned and that the CBI is established under the Act.

Earlier, West Bengal had objected to the Kolkata High Court order for a CBI inquiry into the Midnapur district violent incidents in 2001, when there was a mob attack on Trinamool Congress worker Abdul Rehman Mondal's residence.

In 2001, a Bench headed by Justice S B Barucha had ordered that in order to maintain judicial discipline a two-judge bench cannot direct a five-judge bench to hear a particular case and hence the two-judge bench should refer the cases to a three-judge bench and three-judge bench, in turn, can refer the cases to a five-judge Constitution bench.

Various High Courts have taken the stand that superior courts such as the Supreme Court and the High Courts have inherent powers to order a CBI probe in the interest of justice in case the local police have not been investigating the case properly or trying to shield the culprits.

UNI