Must a direction for CBI investigation be issued as a matter of routine or merely on a party's allegations?
Coram: Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe
A direction for CBI investigation must not be issued as a matter of routine or merely on a party's allegations.
No. A direction for CBI investigation must not be issued as a matter of routine or merely on a party's allegations. Despite the wide powers conferred by Articles 32 and 226 of the Constitution, the Court must bear in mind the self-imposed limitations on exercise of such constitutional powers, and pleadings and material sufficient for a CBI inquiry must be shown; here, the petitioners had neither lodged an FIR nor made any allegation against the local police, and no averments disclosed a basis for a CBI enquiry. (¶23)
Constitution of India — Article 32 — Article 226 — CBI investigation — Suppression of material facts — Writ jurisdiction — Constitution of India — Articles 32, 226 — Restraint on CBI directions — Held: A direction for CBI investigation must not be issued as a matter of routine or merely on a party's allegations. Despite the wide powers under Articles 32 and 226, the Court must observe self-imposed limitations and require pleadings and material sufficient for such an inquiry. (¶23) Writ jurisdiction — Suppression of material facts — Held further: Suppression of a material fact, without more, disentitles a writ petitioner to any relief. The petitioners did not disclose an earlier writ petition by some of them seeking the same relief, already disposed of consistently with the Division Bench's judgment. Writ petition dismissed with no order as to costs. (¶21, 24)
Headnote
You've used your free headnotes this month
The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.
Create my free accountOne judgment a day. That's the whole habit.
Read the full text of VINIT KUMAR & ORS v. STATE OF U.P — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India