The Supreme Court has overturned an order issued by the Punjab and Haryana High Court that transferred a criminal investigation to the Central Bureau of Investigation (CBI), stating that such transfers should not be made routinely.
A bench comprising Justices Sudhanshu Dhulia and K Vinod Chandran observed that high courts should only direct a CBI investigation when there is clear and sufficient prima facie evidence warranting intervention by the central agency. The court emphasised that vague allegations or speculative claims are not enough to trigger a CBI probe, asserting that the agency should not be brought in merely on the basis of uncertainty or suspicion.
The case in question arose from a First Information Report (FIR) registered in Panchkula in October 2022. The FIR alleged that the accused posed as an Inspector General of the Intelligence Bureau and coerced the complainant into transferring Rs 1.49 crore to his account.
The complainant, who operated a pharmaceutical business, claimed that he was threatened and forced to collaborate with the accused’s associates, facing extortion in the process.
Dissatisfied with the state police investigation, the complainant approached the Punjab and Haryana High Court, seeking a transfer of the probe to the CBI. The High Court accepted the plea and ordered the transfer. However, the accused challenged the decision in the Supreme Court.
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In its April 2 judgment, the Supreme Court stated that the allegations presented to the High Court were vague and unsubstantiated. The only substantial claim made by the complainant was that local police officials were known to the accused and might be complicit.
The bench noted that such concerns were speculative and unsupported by evidence. It further observed that the Panchkula Commissioner had already constituted a three-member Special Investigation Team (SIT) led by an Assistant Commissioner of Police to handle the case, which indicated the matter was being taken seriously by local authorities.
The Supreme Court concluded that the High Court appeared to be influenced by general assertions regarding the involvement of high-ranking officials and the lower ranks of the investigating officers.
It reiterated that CBI investigations should not be ordered simply because the allegations are against local police or senior officers, especially when a proper investigation mechanism is already in place. Allowing the appeal filed by the accused, the Supreme Court set aside the High Court’s decision to transfer the investigation to the CBI.
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