The apex court ruled on Wednesday that the Supreme Court and high courts are empowered to order a Central Bureau of Investigation (CBI) probe into criminal cases without the concurrence of the union or state governments.

A five-judge constitution bench headed by Chief Justice K. G. Balakrishnan gave this significant judgement.

The bench, which also included Justices D. K. Jain, R. V. Raveendran, P. Sathasivam and J. M. Panchal, held that various courts of the higher judiciary need not seek the concurrence of the union or the state governments to order a CBI probe.

Before ordering a probe, however, the courts must satisfy themselves of the need for the probe to uphold fundamental rights and the dignity of the rule of law.

The bench had reserved its verdict on the issue of the higher judiciary's power on Dec 11 after hearing arguments from various sides.

Erstwhile Justice B. N. Agrawal on March 22, 2007 referred the question of whether higher courts are empowered to order a CBI probe to the constitution bench.

Justice Agrawal had referred the question while dealing with an appeal by the West Bengal government against a Calcutta High Court ruling of April 7, 2001.

The ruling had ordered a CBI probe into the alleged killing of 11 Trinamool Congress workers at Gabreta. (With Input from Agencies)