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SC warns against routine CBI probes

The apex court reiterated that CBI investigations should only be ordered in exceptional circumstances and that there must be reasons why the state police cannot carry out the investigation. (HT PHOTO)

CBI investigations should only be ordered in exceptional circumstances and there must be reasons why the state police cannot carry out the investigation: SC.

Hindustan Times

A constitutional court must provide specific reasons for taking an investigation away from the state police and turning it over to a central agency, the Supreme Court emphasised on Tuesday, censuring the Calcutta high court for ordering a preliminary enquiry by the Central Bureau of Investigation (CBI) into alleged irregularities in recruitment in the Gorkhaland Territorial Administration (GTA) area (Darjeeling hills).Setting aside the high court order on an appeal by the West Bengal government, the apex court reiterated that CBI investigations should only be ordered in exceptional circumstances and that there must be reasons why the state police cannot carry out the investigation.A bench of justices Bhushan R Gavai and KV Viswanathan highlighted the importance of judicial restraint in directing investigations to CBI, saying while the high court can exercise its powers under Article 226 of the Constitution to entrust investigations to CBI, such orders must be backed by clear reasoning indicating the failure or partisanship of the state police.ALSO READ-<a class="manualbacklink" target="_blank" href="https://www.hindustantimes.com/india-news/student-who-used-to-get-20-marks-got-30-amit-shahs-jibe-at-congress-101727195518259.html"> ‘Student who used to get 20 marks, got 30’: Amit Shah's jibe at Congress</a>“No doubt that a high court, in exercise of its power under Article 226, is empowered to entrust investigations to CBI. However, for doing so, it must provide a reasoning that the probe by state police is not fair or is partisan. It has also been held that entrustment to CBI has to be done in rare cases,” stated the bench in its order.But in the present case, the bench added, “there is not even a whisper why the investigation by the state police is not fair or is partisan. The court further pointed out that directing a CBI investigation should be a measure reserved for rare instances where substantial evidence shows that justice cannot be achieved through the state’s machinery.The apex court’s intervention on Tuesday came amidst a series of high court orders handing over investigations to CBI in cases involving serious allegations of corruption, violence and administrative failures in West Bengal. To be sure, the Supreme Court refused to interfere with the CBI probe into the Sandeshkhali case involving alleged sexual atrocities and landgrab by local Trinamool Congress leaders, highlighting concerns about the impartiality and effectiveness of local law enforcement. The CBI probe in the RG Kar Medical College incident, involving rape and murder of a doctor, is also being monitored by the top court.ALSO READ- <a class="manualbacklink" target="_blank" href="https://www.hindustantimes.com/india-news/kangana-ranaut-says-farmers-should-demand-return-of-farm-laws-cong-reacts-101727194083310.html">Kangana Ranaut says farmers should demand return of farm laws, Cong reacts</a>The Supreme Court’s order came in response to a petition filed by the West Bengal government, represented by senior counsel Neeraj K Kaul, challenging the Calcutta high court’s April 9 directive for a CBI probe into allegedly illegal appointments in schools by GTA. This directive was based on allegations received through multiple letters from residents of the Darjeeling hills accusing GTA officials, including former GTA chairperson Binay Tamang, of making illegal appointments under political influence.The high court order pertained to the alleged illegal appointment of 700 to 1,000 employees, including 313 and 439 teachers, within GTA during Tamang’s tenure as its administrator from 2017 to 2019. The single judge bench’s decision to direct CBI to investigate into the allegations contained in letters received anonymously was subsequently upheld by a division bench of the high court in April, prompting the state to move the top court.The state’s appeal moved through advocate Astha Sharma contended that it had already constituted a special investigation team (SIT), which had submitted its report, and that the investigation was progressing accordingly. Consequently, the direction to conduct a preliminary examination by CBI encroached upon the state’s authority, stated the appeal, adding that a CBI probe should be a measure of last resort, reserved only for exceptional cases.The bench set aside the high court order in respect to the CBI probe while asking the high court to deal with the writ petitions before it on their own merit.ALSO READ-<a class="manualbacklink" target="_blank" href="https://www.hindustantimes.com/india-news/jammu-kashmir-election-2024-stage-set-for-phase-2-of-polls-in-terror-struck-districts-all-eyes-on-budgam-rajouri-101727183570246.html"> Jammu & Kashmir election 2024: Stage set for Phase 2 of polls in terror-struck districts; all eyes on Budgam, Rajouri</a>The Supreme Court order on Tuesday echoes its consistent stance in past judgments that CBI investigations should be ordered sparingly and only when there is substantial evidence of state police bias or incompetence.In CBI Vs Rajesh Gandhi (199s), the Supreme Court underscored that entrusting cases to CBI should be reserved for instances where investigation by local police is not satisfactory even as the accused cannot have a say in which agency should probe the matter. Similarly, in Secretary, Minor Irrigation & Rural Engineering Services, UP & Ors Vs Sahngoo Ram Arya & Anr (2002), the top court held that a high court must evaluate the material on record and reach a decision before it can order the CBI or any other agency of a similar nature to conduct an investigation. Such an investigation cannot be ordered as a matter of course or simply because one of the parties makes certain allegations, it said.A constitution bench in State of West Bengal Vs Committee for Protection of Democratic Rights (2010), delcared that CBI investigations should be ordered only in rare and exceptional circumstances, highlighting that they cannot be a matter of routine and must be justified by compelling reasons indicating state police failures. “This extra-ordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights,” the five-judge bench held.