2013 Supreme(SC) 787

Supreme Court of India
P. SATHASIVAM, CJI., RANJANA PRAKASH DESAI & RANJAN GOGOI, JJ.
Advocates Association, Bangalore
Versus
Union of India & Others
Civil Appeal No. 7159 of 2013 (Arising out of SLP (C) No. 22604 of 2012) With I.A.No. 8 In Civil Appeal No.7159 of 2013 (Arising out of SLP (C) No. 22604 of 2012)
Decided On : 27-08-2013

IMPORTANT POINT
Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police.

Headnote:Constitution of India, 1950- Articles 32 & 226- Order of CBI inquiry by the High Courts or Supreme Court- - Despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, in mind the Courts must bear certain self-imposed limitations on the exercise of these constitutional powers. The very plenitude of the power under the said articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil 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. Otherwise 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 investigations. (West Bengal and Others vs. Committee for Protection of Democratic Rights, West Bengal and Others, (2010) 3 SCC 571 followed) (Para 11)

        Considering the series of unfortunate incidents which occurred within the City Civil Court Complex, Bangalore on 02.03.2012 involving members of the bar, police personnel, journalists and media persons and inspite of the specific direction by the High Court as early as on 16.05.2012, subsequent order of this Court dated 19.10.2012, and also of the fact that the composition of SIT itself has not been finalized, we feel that the present case falls within the principles enunciated by the Constitution Bench and we are satisfied that CBI inquiry is necessitated in the matter in issue. (Para 12)

       Facts of the case:

        A former Minister sought to be produced by the CBI, Bangalore Branch, in the Court of CBI at Bangalore City Civil Court Complex. The electronic as well as the print media were in the precincts of the Court so as to film and make video coverage and publish the news regarding the production of the former Minister. A large crowd gathered in the court premises caused a great deal of inconvenience, as a result of which, scuffle ensued between advocates, police and media persons and simultaneously violence broke out and the police resorted to lathi charge in which several persons got injured. A number of vehicles were also damaged and destroyed due to stone pelting and arson. In spite of the fact that the incident occurred on 02.03.2012 and in view of the subsequent order of the High Court dated 16.05.2012 constituting a Special Investigation Team (SIT) and subsequent direction of this Court dated 19.10.2012 modifying the composition of SIT, the fact remains that till this moment, nothing has turned down, in fact, the investigation is yet to commence.

       Findings of the Court:

        We direct the CBI to carry out the investigation and submit a report before the appropriate Court having jurisdiction at Bangalore within a period of six months from the date of receipt of copy of this judgment. We further direct the State/SIT to immediately hand over all the records pertaining to the said investigation to the CBI.

       Result : Appeal allowed.