The Supreme Court on Tuesday (September 24, 2024) said that the High Court has the right to hand over the investigation of a case to the Central Bureau of Investigation (CBI). The court also said that the High Court will have to give reasons and grounds as to why it feels that the investigation of the case by the concerned state police is not fair.
The Supreme Court made this remark while dismissing the order of the Kolkata High Court, which directed the CBI to conduct a preliminary inquiry into the allegations made in some letters regarding a matter related to the recruitment and regularization of voluntary teachers in the Gorkha Territorial Administration (GTA).
A bench of Justice Bhushan Ramakrishnan Gavai and Justice K.V. Vishwanathan said that an observation of the order passed by a single judge of the High Court shows that not a single word was said about why the High Court found the investigation conducted by the state government inappropriate. The bench said, ‘There is no doubt that the High Court is empowered to hand over the investigation to the CBI using its powers under Article 226 of the Constitution of India.’
The Supreme Court said, ‘However, to do so, it will have to consider why it feels that the investigation conducted by the state police is not fair or is biased.’ The bench said that such an exercise is not appropriate on the basis of only a few letters.
The Supreme Court was considering a petition filed by the West Bengal government challenging the order passed by a division bench of the High Court’s circuit bench at Jalpaiguri. The division bench refused to pass an interim order staying the operation of the order passed by a single judge. The single judge had directed the CBI to conduct a preliminary inquiry or analysis of the allegations made in the letters and submit a report about the alleged allegations.
The Supreme Court said during the hearing on Tuesday that the law on this issue is fully established. The court said that the High Court has the right to direct the CBI to investigate a case, but they will have to give reasons for it. The division bench said, ‘The petition is accepted. The impugned orders are quashed.’ The bench asked the single judge of the High Court to decide on the pending petition as per the law.
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