HC can't order CBI probe just on private letters, rules SC
New Delhi: The Supreme Court ruled on Thursday that High Courts cannot direct a Central Bureau of Investigation (CBI) probe solely on the basis of private letters received from individuals, emphasizing that such an order should be passed only in exceptional circumstances. A Bench comprising Justices BR Gavai and KV Vishwanathan stressed that courts must first establish that the state police are incapable of conducting a fair investigation before handing over the probe to the CBI. The apex court pointed out that although High Courts, under Article 226 of the Constitution, have the authority to assign cases to the CBI, this power must be exercised with careful consideration. "It is important to provide a clear rationale for why the state police are deemed incapable of ensuring fairness. Decisions cannot be made simply based on letters from private parties," the court explained.
As a result, the Supreme Court overturned an earlier order by the Calcutta High Court, which had endorsed a CBI investigation into allegations of illegal appointments within the Gorkhaland Territorial Administration (GTA) schools. The original decision, dated April 9, was based on complaints from Darjeeling residents accusing GTA officials, including former chairperson Binay Tamang, of making politically influenced appointments. The Calcutta High Court had ordered the CBI investigation into the appointment of 700 to 1,000 employees, including teachers, during Tamang’s tenure as GTA administrator between 2017 and 2019. This order was upheld by a Division Bench in April, leading to the appeal before the Supreme Court. While recognizing the High Court’s ability to direct a CBI probe, the Supreme Court underscored that such decisions must be backed by solid reasoning. "Our consistent stance has been that directing a CBI investigation is appropriate only in very rare situations," the bench noted.
In this case, the Supreme Court highlighted that there was no justification offered by the lower court for questioning the impartiality of the state police’s investigation. The lack of explanation for the CBI probe rendered the High Court’s decision unsustainable. Consequently, the Supreme Court set aside the orders from both the single-judge and Division Bench, sending the matter back to the single-judge for reconsideration. Senior Advocates AM Singhvi and Neeraj Kishan Kaul, along with a team of lawyers, represented the State of West Bengal, while Senior Advocates Bikash Ranjan Bhattacharyya, Rauf Rahim, and Menaka Guruswamy appeared for the respondents.
