Abstract
Can a High Court in exercise of its writ jurisdiction direct the CBI to investigate offences alleged to have taken place within the territorial jurisdiction of a State without the consent of the State Government - this is the legal question that this article considers. Analyzing the implications of the recent decision of the Supreme Court in State of West Bengal v. Committee for Protection of Democratic Rights on this issue, this paper makes a case against judicial interference in these matters, arguing that the court's role must be confined to examining whether the state government's refusal to order investigation was arbitrary or not.
Recommended Citation
Rao, P. P.
(2012)
"State of West Bengal v. Committee for Protection of Democratic Rights: A Critique,"
National Law School of India Review: Vol. 24:
Iss.
1, Article 12.
Available at:
https://repository.nls.ac.in/nlsir/vol24/iss1/12