A bench comprising Justices B.R. Gavai and K.V. Viswanathan emphasized that constitutional courts must provide explicit reasons when transferring investigations from state authorities to the CBI. This directive came while overturning a Calcutta High Court order that had mandated a preliminary CBI inquiry into alleged recruitment irregularities within the Gorkhaland Territorial Administration.
The apex court criticized the high court for not articulating why the state police were deemed unfit to handle the investigation, reiterating that the power to assign cases to the CBI should be exercised sparingly and only when there is clear evidence of bias or incompetence on the part of local law enforcement.
This judgment aligns with previous Supreme Court rulings, including a decision from January 2024, where Chief Justice D.Y. Chandrachud stated that courts should not override investigative authorities unless there is a substantial risk of justice being compromised. The court maintained that petitioners seeking a transfer of investigation bear the burden of proving inadequacy or bias in the current investigative process.
In a related case, the Supreme Court stayed a Jharkhand High Court order that had directed the CBI to investigate alleged irregularities in appointments within the state legislative assembly. The apex court noted that the high court had not provided sufficient justification for bypassing state investigative agencies, especially in the absence of a registered First Information Report or evidence of a cognizable offence.
The court has consistently held that high courts should not order CBI investigations based solely on letters or unverified allegations. In a September 2024 ruling, the Supreme Court highlighted the necessity for high courts to exercise caution and ensure credible evidence exists before directing the CBI to intervene.