In a significant ruling, the Supreme Court has advised constitutional courts against ordering Central Bureau of Investigation (CBI) probes as a standard procedure. The apex court stressed that such investigations should be reserved for exceptional situations and exercised with caution.
A bench comprising Justices J K Maheshwari and Vijay Bishnoi highlighted this principle while overturning an Allahabad High Court order that mandated a CBI inquiry into alleged irregularities in the recruitment process for Uttar Pradesh legislative council staff. The court stated that the use of inherent powers to direct a CBI investigation should be limited to cases where it is truly necessary.
The Supreme Court reiterated its consistent caution that directing a CBI investigation should not be a routine affair, nor should it be based solely on allegations or a subjective lack of confidence in the state police. The court must be convinced that the available evidence prima facie suggests criminal offenses, and a CBI investigation is essential for ensuring a fair and impartial probe, particularly when the case involves complexity, a large scale, or national implications requiring central agency expertise.
The apex court further clarified that orders for CBI investigations should be considered a last resort, justifiable only when the integrity of the investigative process is demonstrably compromised. Circumstances warranting such action might include evidence of systemic failures, involvement of high-ranking officials or influential persons, or credible doubts about the local police’s impartiality.
In the absence of such compelling reasons, the principle of judicial restraint dictates that courts should avoid interfering with standard investigative procedures. The Court underscored the importance of constitutional courts exercising judicial restraint to prevent overburdening specialized central agencies with matters that do not meet the criteria for exceptional cases.