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Apex court cautions on transferring probes from police


New Delhi : The Supreme Court has said that courts should hand over a case to the Central Bureau of Investigation (CBI) or a special agency only if they are satisfied that investigation would suffer from bias of local police.

The apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan in a recent judgment said: “It is evident that this court has transferred the matter to the CBI or any other special agency only when the court was satisfied that the accused had been very powerful and influential person and the authorities, like high police officials, were involved and the investigation had not proceeded with in proper direction or it had been biased.”

Speaking for the bench, Justice Chauhan said: “In such a case, to do complete justice and having the belief that it would lend the final outcome of the investigation credibility, such directions have been issued.”

The court made the observation while dismissing a petition by Disha, who sought transfer of investigation into the alleged suicide of her husband Deven Malviya and an alleged financial scam by Maharashtra Police instead of Gujarat Police.

The petitioner sought the transfer of investigation by Gujarat Police into the alleged financial scam involving Rs.60 crore mopped up by their credit and marketing company from investors on the promise of lucrative returns.

The judges said that “it has not been alleged that any of the investor is very powerful or capable to manage the investigation against the petitioner or that the case of the suicide of her husband is not properly investigated”.

The court said that in case “any action is taken by the investigating agency against the petitioner, she would be at liberty to seek the appropriate remedy before the appropriate forum and any observation made herein shall not be treated adverse to her”.