Supreme Court · 2010 INSC 104 · Decided 17 February 2010
State of West Bengal & ORS. v. The Committee for Protection of Democratic Rights, West Bengal & Ors
- Court
- Supreme Court of India
- Citation
- 2010 INSC 104 · [2010] 2 S.C.R. 979
- Case number
- CIVIL APPEAL No. 6249/2001
- Decided
- 17 February 2010
- Bench
- K.G. BALAKRISHNAN, R.V. RAVEENDRAN, D.K. JAIN, P. SATHASIVAM, J.M. PANCHAL (5-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 32, 226, 21
Headnote
,1·-. Constitution of India, 1950: Articles 32 and 226 rlw Article 21 - Fundamental rights - Fair and impartial investigation - Judicial Review - Direction by Supreme Court/High Court to CBI to investigate offence committed within territorial jurisdiction 0 of a State without the consent of the State Government - HELD: Will neither impinge upon the federal structure of the Constitution nor will it violate the doctrine of separation of powers, and shall be valid in law - State has a duty to
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