In Brief
The Supreme Court examined whether CBI investigation into a coal smuggling conspiracy case was illegal due to non-compliance with Section 6 of the DSPE Act (which requires State Government consent). The Court held that the general consent granted by Uttar Pradesh in 1989 for investigating Prevention of Corruption Act offences was sufficient for private individuals; they cannot challenge the investigation. For public servants, although prior specific consent was not obtained, post-facto consent given in 2018 and absence of any claim of miscarriage of justice meant the proceedings could not be quashed. The Court remitted the matter to decide remaining questions on the predominantly civil nature of the dispute and doctrine of parity."
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