Public trust and confidence in the judicial system is more important, it being the last resort. They may have a feeling that it is not rule of law which prevails but it is a mob which has an upper hand and especially in a case where it is led by the Chief Minister of the State in the office of CBI and by the Law Minister of the State in the Court Complex. If the parties to a litigation believe in Rule of Law such a system is not followed. The idea was different.
The power to order fresh, de-novo or re-investigation being vested with the Constitutional Courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation. It can never be forgotten that as the great ocean has only one test, the test of salt, so does justice has one flavour, the flavour of answering to the distress of the people without any discrimination.
It is certainly not for this Court at the present stage to examine and come to a conclusion as to whether this was a case of suicide or murder. If as a result of investigation, evidence is gathered and a trial takes place the Sessions Judge will decide that controversy and it may be that in due course such controversy may be canvassed before this Court in some form or the other. It would, therefore, be wholly inappropriate at this stage to enter into such a question.…………In our considered opinion, Section 6 of the Act does not apply when the Court gives a direction to the CBI to conduct an investigation and counsel for the parties rightly did not dispute this position
In exercise of the powers conferred by sub-section (1) of Section 5 read with Section 6 of the Delhi Special Police Establishment Act, 1946 (Act No. 25 of 1946) the Central Government, with the consent of the State Government of Bihar, issued vide Home Department (Police Branch) Notification No.9/C.B.1-80-09/2020 HP-5101/Patna, Dated 4th August, 2020, hereby extends the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole State of Bihar
State represented by Inspector of Police, Central Bureau of Investigation Vs. M. Subrahmanyam – 07/05/19
Section 173(2)(5)(a), Cr.P.C- The failure to bring the authorisation on record, as observed, was more a matter of procedure, which is but a handmaid of justice. Substantive justice must always prevail over procedural or technical justice. To hold that failure to explain delay in a procedural matter would operate as res judicata will be a travesty of justice considering that the present is a matter relating to corruption in public life by holder of a public post. The rights of an accused are undoubtedly important, but so is the rule of law and societal interest in ensuring that an alleged offender be subjected to the laws of the land in the larger public interest. To put the rights of an accused at a higher pedestal and to make the rule of law and societal interest in prevention of crime, subservient to the same cannot be considered as dispensation of justice. A balance therefore has to be struck. A procedural lapse cannot be placed at par with what is or may be substantive violation of the law.
Custodial interrogation is not the norm for high officials who have credible roots in society and who are reliable and whose absconding shall not be apprehended: CHC
Rajeev Kumar vs. Central Bureau of Investigation (CBI) & Anr.- 30.05.2019
In a contempt proceeding SC cannot determine whether or not Rajeev Kumar should be arrested by the CBI for custodial interrogation: SC
Subrata Chattoraj Vs. Union of India and Others – MAY 17, 2019 – Contempt Petition- the State Police Agencies who were investigating these cases to provide fullest cooperation to the CBI, including assistance in terms of manpower and material, to enable them to conduct and complete the investigation expeditiously. The CBI alleges non-cooperation and charges WBSPF with obfuscating the investigation by causing impediments and roadblocks with a view to protect big names and members/leaders of the ruling party in the State of West Bengal.
Supreme Court withdrew protection given to Mr. Rajeev Kumar, former Commissioner of Police, Kolkata, vide order dated February 05, 2019 restraining the CBI from arresting him and thereby
34. It is useful to refer at this stage to the history of the CBI. The Special Police Establishment was formed during the World War II when large sums of public money […]
The CBI Manual based on statutory provisions of the Cr.P.C. provides essential guidelines for the CBI’s functioning. It is imperative that the CBI adheres scrupulously to the provisions in the Manual in relation to its investigative functions, like raids, seizure and arrests. Any deviation from the established procedure should be viewed seriously and severe disciplinary action taken against the concerned officials.
Director of the CBI is appointed by the Central Government on the recommendations of a committee comprising of Prime Minister— Chairperson, Leader of Opposition in Lok Sabha—Member and Chief Justice of India or a judge […]