While expressing its reservation over transferring a case to the Central Bureau of Investigation, merely on allegations against the local police, the Delhi High Court has observed that such practice may have an adverse effect on the investigation and credibility of the premier investigation agency. The court remark came while disposing of a plea challenging the unauthorised constructions in Walled City area and seeking CBI enquiry against Municipal Corporation for its alleged failure to prevent such activities.
Justice Manmohan, in an order, said, “Otherwise the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigationsIJ” Despite wide power conferred by the Constitution, such an order should be not to be passed by the courts as a matter of routine or merely because a party has levelled some allegations against the local police, the judge added.
“This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights,” the court said.
A petition was filed in the court challenging the conversion of residential and dwelling houses to markets, showrooms in Walled City area by one Vinay Chand Jain.