Rajya Sabha Polls 2016: Jharkhand High Court Dismisses Plea Seeking CBI Probe In Case Against IPS Officer Anurag Gupta

The Jharkhand High Court has dismissed a petition seeking CBI probe in a 2016 case alleging that IPS officer Anurag Gupta and others interfered with the 2016 Rajya Sabha elections in the state. The case under section 171(b), (c), (e) and (f) of the IPC was registered on the complaint of Election Commission of India.

Justice Sanjay Kumar Dwivedi said transfer of a case to CBI can happen only in extreme cases and that power of the High Court is not exercisable in cases "like the present where it may be debatable whether the direct accusation made in conjunction with the attendant circumstances, if proved to be true, is likely to result in conviction."

"In the case in hand, the F.I.R has already been registered. It has been reported to the Election Commission of India and the Election Commission of India is well aware of the registration of the case. Further Rajya Sabha Election took place in the year 2016 and the petitioners have filed this petition on 30.10.2018. On 31.10.2018, the petitioners took time and the matter was adjourned to 5.12.2018. On 25.2.2021 again the petitioners took adjournment. In this background it further suggest that the petitioner who happened to be one of the M.L.A of another party they have only filed the petition for publicity as the case was listed earlier and the case was not argued even on the point of issuing notice upon the private respondents by the petitioners on the last occasion," said the court.

However, the court also said it expects that the investigating agency will take "hectic steps in its right direction to conclude the investigation" at the earliest

"The court can only say at this juncture that if the charge sheet is filed in the crime register pursuant to the FIR lodged against the accused persons shall be considered by the concerned court on its own merit and in accordance with law,” it added.

Advocate Binod Singh, representing the petitioners, earlier contended that the case has not progressed appropriately and they lack faith in the state police as the case was reluctantly instituted against Gupta and co-accused Ajay Kumar. Singh argued that "other highers" were involved in the election manipulation, making it a suitable case for transferring to the CBI to restore public trust in the investigating agency.

Advocate Ashok Kumar Singh, representing the Election Commission of India, stated that it had taken prompt action and written letters to the Chief Secretary of the Jharkhand government, directing departmental proceedings against the accused individuals for misusing their official positions and interfering in the election. The Election Commission had also requested the registration of a case under IPC sections and the Prevention of Corruption Act, the court was told.

ASGI Anil Kumar, representing the CBI, submitted that the agency had no role at this stage and left the decision to the court.

The court said it is well settled principle that the power to transfer has to be exercised by the superior courts very sparingly and with great circumspection. It further said the "extraordinary power of the constitutional Courts in directing CBI to conduct investigation in a case must be exercised rarely in exceptional circumstances, especially, when there is lack of confidence in the Investigating Agency or in the National Interest and for doing complete justice in the matter."

 "There must be some material on record to show that the Investigating Officer has committed an error in conducting the investigation and shabby investigation is conducted. In the present case, the Court not finds any material to grant such extraordinary relief referring the matter to the CBI," it added. 

Case Title: Yogendra Saw @ Yogendra Sao and Anr. vs. The State of Jharkhand and Others W.P.(Cr.) No. 376 of 2018

Appearance:

For the Petitioners :- Mr. Binod Singh ,

Advocate For the State :- Mr. Yogesh Modi,

Advocate For Election Commission of India:Dr. Ashok Kumar Singh,

Advocate For the C.B.I. :- Mr. Anil Kumar, A.S.G.I

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