Mukesh Singh Son of Shri Dashrath Singh Vs State of Rajasthan (Rajasthan High Court)
The Rajasthan High Court considered a batch of petitions raising two common legal questions: whether the State Anti-Corruption Bureau (ACB) in Rajasthan has jurisdiction to register, investigate, and file charge-sheets under the Prevention of Corruption Act, 1988 against Central Government employees without prior consent or approval of the Central Bureau of Investigation (CBI), and whether charge-sheets filed by the ACB in such cases are valid in law.
The Court noted that these issues were raised by accused persons for their own benefit and not due to any dispute between the ACB and the CBI. The petitioners relied on selected provisions of the CBI Crime Manual and the ACB Manual, notifications issued for the National Capital Territory of Delhi, and provisions of the DSPE Act and the PC Act, contending that investigation against Central Government employees lies exclusively with the CBI. It was argued that the ACB could only take limited action in urgent situations and must thereafter consult or hand over cases to the CBI, failing which the investigation and charge-sheet would be unlawful.
The respondents countered that the Crime Manuals only provide internal administrative arrangements to avoid duplication and ensure coordination between agencies, and do not have statutory force. They submitted that the PC Act does not distinguish between Central and State Government employees for purposes of investigation and that State police agencies retain jurisdiction unless expressly barred by statute. It was also argued that notifications limiting ACB jurisdiction in Delhi were specific to the constitutional status of the NCT of Delhi and had no application to Rajasthan.
