Power To Transfer Cases To CBI Should Be Used Sparingly: Supreme Court

A Bench of Justices AS Bopanna and Ahsanuddin Amanullah observed that the transfer of a case should be made to a specialised agency only if there’s no other option of securing a fair trial otherwise.

“Hence it is clear that though there is no inflexible guideline or a straightjacket formula laid down, the power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise.”

The Bench was considering an appeal of a person who was accused of alleged possession and sale of 9.2 grams of cocaine. He was challenging two orders of the Chhattisgarh High Court which refused to transfer his case to the CBI and to quash the proceedings initiated against him.

The appellants, for whom Senior Advocates Shyam Divan and Gopal Sankaranarayanan appeared, argued that the appellant was travelling with regard to his business and he was illegally abducted, detained and a case under NDPS has been foisted on him. Owing to this, online complaints were lodged by his father, appellant No.2.

A citizen who is carrying on his lawful business activities in various states has been ‘framed’ and his personal liberty was taken away. This warrants a detailed investigation, it was argued. The appellants, therefore, prayed that the Court exercise its extraordinary power to refer to the matter to CBI.

Senior Advocate Abhishek Manu Singhvi for the States of Chhattisgarh and Odisha informed that during the investigation it was revealed that the appellant was found to be indulging in the illegal activity in Raipur itself when he was apprehended and proceedings have been initiated. It was further contended that the claim for a CBI-investigation is without basis and is against the established law laid down.

No Need For CBI-Investigation; Other Remedies Available To Appellant

Though multiple issues were raised in the appeals, the primary question that the Court dealt with was pertaining to the direction seeking a CBI-investigation.

Relying on the principles laid down in Arnab Ranjan Goswami vs. Union of India, the Court reiterated that the power to transfer an investigation must be used sparingly.

After noting certain factual inconsistencies with the Appellants’ case, the Court looked into whether the ‘seriously disputed facts’ still justified the prayer.

“In that background, even if the rival contentions are taken note, we do not find that there is any issue of public importance which requires to be unearthed by an investigation to be conducted by the CBI”, the Bench opined.

Further, in the course of the trial, the five officers specified by the appellants would be available to be cross examined and other orders in that regard can be sought in the pending proceedings, the Court further pointed out.

The Court also highlighted that since the trial is under progress, the appellant would be entitled to put across his case when the statement under Section 313 of CrPC is recorded and also, he would be entitled to tender evidence, if necessary,

While dismissing the appeals, the Court noted that in case the appellant were really “framed”, other remedies to take action for malicious prosecution, loss of reputation, action against involved persons, compensation, among others would be available.

“In addition, in the said process of the judicial proceedings if the appellants bring out the fact that the appellant No.1 who was not involved, had been framed up and a case was foisted, the appellants would still have the legal remedy to take action for malicious prosecution, loss of reputation, action against involved persons, compensation and for such other relief in that regard. Therefore, when the issue raised is only a matter of evidence to be considered in the judicial proceedings to arrive at a conclusion, we are not convinced that in a case of the present nature, a direction to the CBI to hold an investigation would be justified nor is it required at this juncture when the trial in the judicial proceedings has progressed unhindered. Hence to that extent, all contentions of the appellants are kept open.”

At this stage, the question of quashing proceedings or discharge also would also not arise, it added.

Case Title: Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors | Criminal Appeal No.634   Of 2023

Citation : 2023 LiveLaw (SC) 154

For Petitioner(s) Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Neel Kamal Mishra, Adv. Ms. Tanya Srivastava, Adv. Mr. Jatin Zaveri, AOR

For Respondent(s) Mr. Sumeer Sodhi, AOR Mr. Devashish Tiwari, Adv. Mr. Shibashish Misra, AOR Mr. Vikramjeet Banerjee, A.S.G. Mrs. Sairica S Raju, Adv. Mr. Rahul Mishra, Adv. Mr. Akshay Nain, Adv. Mr. Samar Singh Kachwaha, Adv. Mr. Arvind Kumar Sharma, AOR

Transfer of investigation to CBI - The power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise.