New Delhi, Sep 24 (PTI) A high court is empowered to entrust the investigation of a case to the CBI but it has to come to a reasoning as to why it finds that probe in the matter by the state police was not fair, the Supreme Court said on Tuesday.
The apex court’s observation came while setting aside the Calcutta High Court order which had directed the Central Bureau of Investigation (CBI) to conduct preliminary examination of the allegations made in some letters in a matter relating to recruitment and regularisation of voluntary teachers in Gorkha Territorial Administration (GTA).
A bench of Justices B R Gavai and K V Viswanathan noted that perusal of the order passed by the single judge of the high court revealed that there was “not even a whisper” as to why the high court finds the investigation by the state to be unfair.
“No doubt that the high court, while exercising its powers under Article 226 of Constitution of India, is empowered to entrust the investigation to the CBI,” the bench said.
“However, for doing so, it has to come to a reasoning as to why it finds that the investigation by the state police is not fair or is partisan,” it said.
The bench said such an exercise was not warranted merely on the basis of some letters.
The top court was dealing with a plea filed by West Bengal which had challenged an order passed by a division bench of the high court’s circuit bench at Jalpaiguri.
The division bench had refused to pass an interim order staying the operation of the order passed by the single judge.
The single judge of the high court had directed the CBI to make preliminary examination or analysis of the allegations made in the letters and submit a report regarding the outcome of the exercise.
In its order, the division bench had noted that a writ petition filed before the high court had raised several issues concerning the recruitment and regularisation of voluntary teachers in GTA.
“In course of hearing of the said writ petition, letters were received by the judge manning the single bench where several illegalities and/or infirmities in the action of the GTA as well as the state were flagged which persuaded the single judge to direct the preliminary examination and/or analysis of the allegations by the CBI,” the division bench had noted in its order passed in April.
During the hearing on Tuesday, the apex court observed that the law was well settled on this issue.
It said the high courts were empowered to direct CBI to investigate a case but they have to give reasoning for it.
“The petition is allowed. The impugned orders are quashed and set aside,” the bench said, while asking the single judge of the high court to decide the pending petition in accordance with law. PTI ABA ABA KSS KSS
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