The Supreme Court has stated that courts should not order CBI investigations in routine cases. The central agency's assistance should only be sought as a last resort in serious, complex, or cases of national importance. The court emphasized judicial restraint and impartiality.
New Delhi: The Supreme Court has clarified that an order for a CBI investigation should only be issued as a last resort. The court stated that constitutional courts must exercise this power with restraint and caution. The assistance of the CBI should only be sought when serious questions arise regarding the impartiality or integrity of a case, and other means have failed.
What is the case?
This observation came in reference to an order by the Allahabad High Court. The High Court had directed a CBI investigation into alleged irregularities in the recruitment process of employees of the Uttar Pradesh Legislative Council. The Supreme Court dismissed this order, stating that a CBI investigation should only be ordered in extraordinary circumstances.
Court Issued Warning
The Supreme Court bench, comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi, stated that a CBI investigation cannot be ordered in routine cases. Merely because a party has expressed suspicion or distrust of the state police is not a sufficient reason. The court also added that the concerned court must be prima facie convinced that the evidence presented points to a crime and that the CBI's expertise is necessary to ensure a fair investigation.
When is a CBI investigation needed?
The Supreme Court stated that a CBI investigation is required when the case is complex, wide-ranging, or has a national-level impact. In such cases, the expertise of the central agency is crucial. The court also mentioned that constitutional courts should ensure they do not unnecessarily burden the CBI.
Court's Viewpoint
The court clarified that constitutional courts should exercise judicial restraint. A specialized agency like the CBI should only be utilized for exceptional cases. The Supreme Court stated that a central agency investigation should only be ordered when there is a serious threat to the fairness and integrity of the investigation process.
Judicial Standards for CBI Investigations
The Supreme Court also indicated that when ordering a CBI investigation, the court must be satisfied that the case is so sensitive that proper impartiality cannot be ensured by state police or other agencies. This makes it clear that the CBI's role should be limited to serious cases and those of national importance.
