MANIYARI MADHVAN versus SUB-INSPECTOR OF POLICE AND ORS.

Consent of State government under Section 6 Delhi Special Police Establishment Act is not required for CBI investigation when directed by Supreme Court exercising powers under Article 142 of the Constitution; law must take its course regarding prosecution of police officers.

Parties: Petitioner: Maniyeri Madhavan; Respondents: Sub-Inspector of Police and Ors.
Jurisdiction: India
Judgment Date: 22 September 1993
Procedural Posture: Special Leave Petition (criminal) / Final Disposition
Outcome: Petition dismissed; investigation report recorded; criminal prosecution to proceed as per law.
Legal Topics: Investigation by CBI, Police Misconduct, Jurisdiction Under Article 142, Consent Under Delhi Special Police Establishment Act

Criminal Law Constitutional Law Investigation by CBI Police Misconduct Jurisdiction Under Article 142 Consent Under Delhi Special Police Establishment Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Maniyeri Madhavan

Petitioner

Sub-Inspector of Police and Ors.

Respondents

Procedural Posture

Special Leave Petition (criminal) / Final Disposition

Legal Issues

1 Whether investigation by CBI requires consent of State government under Section 6 of Delhi Special Police Establishment Act when directed by Supreme Court under Article 142
2 Whether police officers are guilty of offences charged
3 Jurisdiction of Supreme Court to direct investigation by CBI

Ratio Decidendi

Court Disposition

Petition dismissed; investigation report recorded; criminal prosecution to proceed as per law.

Orders

State of Kerala to pay petitioner Rs. 10,000 towards costs.
CBI directed to investigate complaint, complete investigation, and make a report to the Supreme Court.