'High courts shouldn't order CBI investigations routinely': Supreme Court
What's the story
The Supreme Court has ruled that unsubstantiated allegations of incompetence of local police are not a ground for transferring an investigation to the Central Bureau of Investigation (CBI).
Justices Sudhanshu Dhulia and K Vinod Chandran issued the ruling while setting aside an order of the Punjab and Haryana HC.
The lower court had directed a CBI probe merely on the complainant's claims about local police.
Clarification
CBI investigation should be based on solid evidence
Laying down the conditions, the SC said high courts should order a CBI probe only in cases "where material prima facie discloses something calling for an investigation by CBI, and it should not be done in a routine manner or on the basis of some vague allegations."
"The 'ifs' and 'buts' without any definite conclusion are not sufficient to put an agency like CBI into motion," the bench said.
Case summary
Case details and court's findings
In the present case, an FIR was lodged against the appellant for posing as an Intelligence Bureau officer and extorting ₹1.49 crore from the complainant.
The complainant sought a CBI probe, alleging collusion between the appellant and Haryana police. The Punjab and Haryana HC allowed the transfer.
However, Justice Dhulia observed that the request was based on vague allegations of the appellant's acquaintance with police without any concrete evidence to support the claims.
Investigation status
Ongoing investigation and court's final decision
The SC observed that a Special Investigation Team (SIT) headed by an Assistant Commissioner of Police (ACP) was already investigating the case.
It also said that the complainant had produced no evidence to imply local police were incompetent or biased in the investigation.
"After going through the records of the case, we are of the view that the present case is not one where CBI investigation ought to have been directed by High Court," the court ruled.