'Lightly' Interfering In State's Investigation May Disrupt Co-operative Federalism: Calcutta HC Stays Order For CBI Probe Into Medical College Admissions

The Calcutta High Court has recently stayed an order by a single bench for the immediate transfer of a probe being conducted by the State into the admission of reserved category candidates into medical colleges based on allegedly improperly issued caste certificates to the Central Bureau of Investigation (CBI).

A single bench of Justice Abhijit Gangopadhyay had initially directed for the probe to be transferred upon observing:

The police of this State have not been able to arrest one culprit Sk. Sajahan in recent Sandeshkhali raid by E.D. who dared to touch the ED officials of this country which means that the Union of India has been touched by some miscreants. Therefore, I cannot place any faith upon such police authority. Therefore, this matter is to be investigated by CBI. Before the State goes to the Hon'ble Supreme Court in connection with this order in appeal, I would expect that the State would disclose what is the total amount that has been spent by it for resisting the orders of this court in respect of CBI investigations by way of appeals and application in Supreme Court in education appointment matters.

The single-bench had also directed for the presence of a CBI officer in court later in the day for the State to hand over case files to them. 

This order was immediately appealed by the State before a Division Bench comprising of Justice Soumen Sen and Justice Uday Kumar, who was told by the Advocate General that the single judge had not allowed the State to rely on any material pointing to the progress of the investigation and that the direction for transfer of investigation was passed in vacuum, since there was no prayer in the writ petition seeking the same, nor had any case been made out against the conduct of the State's investigation into the issue.

Upon hearing the appeal, the division bench granted an order of stay on the CBI investigation and observed:

Unless there is a prayer in the writ petition for C.B.I. investigation or a case is made out for C.B.I. investigation, the right of the State to conduct fair and impartial investigation by its agencies cannot be lightly interfered with as it would result in disruption of the co-operative federal structure of the country. Unless the autonomy of the State to investigate into the issue is decided against the State, no such direction could have been passed. There is no pleading in the writ petition for a C.B.I. enquiry. The Court cannot travel beyond the pleadings.

Later, when the matter was mentioned before the single-bench, it was noted that while the petitioner pointed out that the matter had been mentioned before the division-bench, there had not been any communication by the State informing the single-bench of the same. Hence the matter was directed to appear on the 25th of January at 10:30 am.