MOHAMMED ANIS versus UNION OF INDIA AND ORS.

MOHAMMED ANIS versus UNION OF INDIA AND ORS.

Supreme Court’s power under Article 142 to order an impartial CBI investigation in the interest of justice and public interest is not subject to limitations by statutory provisions, including the need for State Government permission under the Delhi Special Police Act. Petitioner's rights under Articles 14 and 21 were not violated, and the petition is misconceived and dismissed.

Parties
Petitioner: Mohammed Anis; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 July 1993
Procedural Posture
Writ Petition (criminal) No. 214 of 1993 / Final Disposition at Original Jurisdiction
Outcome
Petition dismissed
Legal Topics
Investigations by CBI, Powers Under Article 142, Public Interest Litigation, Fundamental Rights
Constitutional Law Criminal Procedure Investigations by CBI Powers Under Article 142 Public Interest Litigation Fundamental Rights

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Parties

Mohammed Anis

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 214 of 1993 / Final Disposition at Original Jurisdiction

Legal Issues

  1. 1 Whether Supreme Court can direct CBI to investigate an offence within a State without the State’s consent under Article 142
  2. 2 Whether the order infringes Article 14 or 21 of the petitioner
  3. 3 Whether statutory provisions can override constitutional powers under Article 142

Ratio Decidendi

Supreme Court’s power under Article 142 to order an impartial CBI investigation in the interest of justice and public interest is not subject to limitations by statutory provisions, including the need for State Government permission under the Delhi Special Police Act. Petitioner's rights under Articles 14 and 21 were not violated, and the petition is misconceived and dismissed.

Court Disposition

Petition dismissed

Orders

  • Petitioner’s writ petition is dismissed.
  • No further orders; cooperation with CBI investigation called for.