Sikkim HC dismisses writ petition challenging state's notification on CBI

EOI, Gangtok, 9 Oct 2017: The Sikkim High Court has dismissed a writ petition filed by a political party, seeking quashing of a 2010 notification of the state government, requiring the CBI to take its prior permission before initiating an investigation in the north-eastern state.

Chief Justice Sharad Kumar Agnihotri passed the order recently, dismissing the petition filed by Sikkim Krantikari Morcha (SKM) president P S Tamang, its MLA Kunga Nima Lepcha and eight others. The court observed that the petition was "bereft of merit and deserves dismissal". The petitioners had challenged the gazette notification issued by the state government in July 2010, mandating the Central Bureau of Investigation (CBI) to seek its prior consent, before taking up an investigation against any of its officers or public representatives.

Dismissing the petition, Chief Justice Agnihotri said the court was of the view that the government had the power to give consent under relevant provisions of law and also to withdraw the same. Justice Agnihotri also upheld the power of the state government to withdraw the general consent previously given by it to the central probe agency to investigate cases. The SKM had sought the court's intervention in allowing the CBI to take up the investigation into the corruption charges against chief minister Pawan Kumar Chamling, his council of ministers and some former legislators.