A larger bench of Madhya Pradesh High Court headed by Chief Justice Hemant Gupta has held the State police or special police establishment (SPE) have powers to probe offences of bribery and corruption against the Union Government employees posted in Madhya Pradesh.
Three criminal revisions were referred to the larger bench for opinion on a common question – whether in view of Section 3 of Madhya Pradesh Special Police Establishment Act, 1947, the police has jurisdiction to investigate and conduct trial for the offences under the Prevention of Corruption Act,1988.
The bench pointed there is absolutely no provision in the MP Special Police Establishment Act making any discretion between the employees of the Union of the State in the matter of investigation.
Thus, the bench said in view of Section 3 of the MP Special Police Establishment Act 1947, the police have jurisdiction to investigate and conduct the trial for offences under the Prevention of Corruption Act, 1988, the court said.
Further the bench said: “The offence of bribery and corruption against the Central Government employees posted in the State of MP can be investigated by regular police force or Special Police Establishment.”