SC: Powers To Direct CBI To Investigate Must Be Exercised Sparingly, Not As A Routine Matter

New Delhi: The Supreme Court on Thursday said CBI investigation should be treated as a measure of last resort, while setting aside a judgment of the Allahabad High Court, which directed a CBI enquiry into alleged irregularities in the recruitment process for the Uttar Pradesh Legislative Council and assembly secretariats.

A bench comprising Justices J K Maheswari and Vijay Bishnoi said the exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously, and only in exceptional situations.

The bench said this court has consistently cautioned that a CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbours a subjective lack of confidence in the state police.

The top court said it goes without saying that for invoking this power, the concerned court must be satisfied that the material placed prima facie discloses commission of offences and necessitates a CBI investigation to ensure the fundamental right to a fair and impartial investigation, or where the complexity, scale, or national ramification of such allegations demands expertise of the central agency.

"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 bench said 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 local police's conduct itself creates a reasonable doubt in the minds of the citizenry regarding their ability to conduct a neutral probe.

The bench said in the absence of such compelling factors, the principle of judicial restraint demands that the court must refrain from interfering. "In other words, constitutional courts must exercise some degree of judicial restraint in unnecessarily burdening a specialised central agency with matters that do not satisfy the threshold of an exceptional case", it said.

It noted that the directions of the high court that are impugned in the present appeals were issued on the basis of some 'doubt', 'assumption' and 'inexplicable details' qua master data of the external agency. "However, the impugned order fails to specifically point out these 'doubts' and 'inexplicable details' that led the high court to pass such directions. In this context, we are of the opinion that the prima facie threshold that is required for passing a direction of CBI investigation has not been satisfied", said the top court.

The bench noted that all the petitioners before the high court have also fairly stated before us that they have not sought relief for any CBI enquiry before the high court.

The top court passed the judgment on an appeal filed by the Legislative Council of Uttar Pradesh, Lucknow, and others. "In view of the discussion made hereinabove, the present appeals stand allowed and the impugned orders dated September 18, 2023….and order dated October 3, 2023, by the high court stand set-aside", said the top court.

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