The Supreme Court recently emphasized that the power of constitutional courts to transfer investigations to the CBI should be used sparingly and in exceptional circumstances. However, the courts are not restricted from doing so to ensure complete justice and protect fundamental rights.
In a case involving the death of a 25-year-old Manipuri woman in Delhi in 2013, the court decided to transfer the investigation to the CBI. The court noted that unresolved crimes can undermine public trust in institutions responsible for maintaining law and order. While the fairness of the investigation was not questioned, its ineffectiveness was evident.
The bench, comprising Justices JK Maheshwari and Sudhanshu Dhulia, observed that the family of the deceased faced logistical challenges in approaching authorities in Delhi but maintained hope in the justice system. To address any doubts and ensure a proper investigation, the court deemed it necessary to hand over the case to the CBI.
The Supreme Court’s decision came after the Delhi High Court rejected the family’s plea to transfer the investigation from the Delhi Police to the CBI. The case involved the murder of a young woman found dead in her room, with suspicion falling on the landlord. Despite access to the room, the High Court ruled out the landlord’s involvement solely based on this fact.
The Supreme Court, however, found the circumstances suspicious, as the blood spatter around the body suggested a homicidal death rather than suicide. Citing precedent, the court referred to its earlier judgment in State of West Bengal and Others vs. Committee for Protection of Democratic Rights, West Bengal and Others, where it discussed the conditions under which constitutional courts could order a CBI investigation.
The court highlighted the need for caution in using this extraordinary power, reserving it for situations where credibility and confidence in investigations are at stake or where justice and fundamental rights need to be upheld. Considering the distance of the family from the incident and the need for a thorough investigation, the court ordered the CBI to take over.
The decision underscores the judiciary’s commitment to ensuring justice and maintaining public trust in the legal system. It also serves as a reminder of the judiciary’s role in safeguarding fundamental rights and ensuring effective investigations in sensitive cases.
