The Supreme Court warned high courts and itself on Thursday against often ordering CBI investigations, stating that courts should only use their authority to request a central agency investigation as a last resort in extraordinary circumstances.
The Allahabad High Court's ruling ordering a CBI investigation into suspected anomalies in the hiring process for UP legislative council staff was overturned by a panel of justices J K Maheshwari and Vijay Bishnoi, who claimed the HC had made the decision based on some suppositions and doubts. Additionally, the bench ordered a rehearing of the case at the high court.
It is widely established that neither this court nor the high courts should routinely issue orders for CBI investigations. This court has established a well established body of jurisprudence through its rulings on the direction of a CBI probe.
Under Article 32 or Article 226 of the Constitution, it places a strong self restraining restriction on the use of this extraordinary constitutional power.
Justice Maheshwari, who wrote the bench's decision, stated that the inherent authority to order the CBI to conduct an investigation must be used carefully, sparingly, and only in extraordinary circumstances.
This court has often warned that a CBI probe shouldn't be launched out of habit or just because someone has a subjective lack of faith in the state police or makes certain accusations.
Naturally, in order to use this authority, the court in question must be convinced that the information presented prima facie reveals the commission of crimes and calls for a CBI investigation to protect the fundamental right to a fair and impartial investigation, or that the complexity, scope, or national implications of such claims necessitate the expertise of a central agency," he stated.
The bench stated that courts may use this authority when a case has national or international repercussions, but there are no strict guidelines for when it should be used.
It's interesting to note that on Monday, a bench led by Justice Maheshwari issued an interim order ordering the CBI to look into the Karur stampede case in Tamil Nadu.
"An order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when the constitutional court is convinced that the integrity of the process has been compromised or has reasons to believe that it may get compromised to a degree that shakes the conscience of courts or public faith in the justice delivery system," the SC continued, warning against overloading a central agency with cases that do not meet the threshold of an exceptional case.
According to the bench, "such compelling circumstances may typically arise when the materials brought in notice of the court prima facie point towards systemic failure, the involvement of high ranking state officials or politically influential persons, or when the conduct of the local police itself creates a reasonable doubt in the minds of the citizenry regarding their ability to conduct a neutral probe."
