The power and jurisdiction of the High Court under Article 226 of the Constitution to direct the CBI to investigate a case should be exercised sparingly, cautiously, and only in exceptional situations, and there should be sufficient material to come to a prima facie conclusion that there is a need for such an inquiry.

1. Heard Shri Kh. Chonjohn, learned Senior Advocate assisted by Shri Tombisana Sharma, learned Advocate appearing for the petitioner; Shri R.K. Umakanta, learned Addl. Government Advocate for the respondent No. 4 and Shri S. Rupachandra, learned ASG for the respondent Nos. 1 to 3.

2. By the instant writ petition, the petitioner has humbly prayed that an appropriate direction/order be issued to the State Respondents to conduct/hold an enquiry through the Central Bureau of Investigation (CBI) regarding the death of her son, Shri Nishan Singh on 19-11-2002 at the camp of the Battalion at Heavy Fuel Power Project, Leimakhong, Senapati District, Manipur.

3. According to the petitioner, her son, Shri Nishan Singh joined the 26th Bn., CRPF on 19-04-2000 as Constable and was posted at different places from time to time and at the time when he died on 19-11-2002, he was posted at the Bn., H.Q., D. Company near the Heavy Fuel Power Project, Leimakhong, Senapati District, Manipur. At that time, Shri P.K. Sahu and Shri Dinesh Kumar were the Company Commander and the Commandant of 26th Bn. CRPF respectively. Shri Dinesh Kumar used to come to the D. Company very often and one day prior to the death of Shri Nishan Singh, he came to the D. Company and started staying at the residence of Shri P.K. Sahu when the latter stayed away from his room. The Quarter Master of the D. Company, Shri Joginder Singh asked Shri Nishan Singh to put a chair inside the room where Shri Dinesh Kumar was staying and when Shri Nishan Singh picked up the chair and went inside the room to place it there, he saw Shri Dinesh Kumar and wife of Shri P.K. Sahu in an objectionable (naked) condition. When Shri Nishan Singh spread the news about the illicit relation, both Shri Dinesh Kumar and Shri P.K. Sahu planned to murder Shri Nishan Singh and accordingly, on 18-11-2002 Shri P.K. Sahu issued a night pass to Shri Nishan Singh telling him to report in the unit in the morning and on the next day when he presented himself in the unit at about 7:15 a.m., Havildar Major Ramdarsh Parshad reported to Shri P.K. Sahu who ordered that Shri Nishan Singh be produced before him in uniform. When Shri Nishan Singh presented himself, Shri P.K. Sahu and Havildar Major Ramdarsh Parshad who were in civil dress, were sitting outside the office having a table before them. Shri P.K. Sahu who forcibly snatched the night pass from Shri Nishan Singh, tore it off and told Nishan Singh that he had remained outside for the whole night without his order and since he had violated the law, he would be punished. Shri Nishan Singh was made to stand as a punishment continuously from 8:22 a.m. to 11:35 a.m. torturing him both physically and mentally under a pre-planned conspiracy amongst his superior officers and during the interrogation, Shri P.K. Sahu asked Shri Nishan Singh as to why he had gone to the room where and when Commandant Shri Dinesh Kumar and wife of Shri P.K. Sahu were sitting and then why did he announce the same to the public and therefore, Shri P.K. Sahu told him that he did not want to see him alive. Shri Nishan Singh replied that having felt himself to be quite unsafe, he had already informed his parents regarding the threat and that in case something happened to him, they would be held responsible.

3.1 In the afternoon of the same day i.e. 19-11-2002, Company Havildar Major asked Shri Nishan Singh to have his meal and when Shri Nishan Singh went to the barrack for lunch, Shri P.K. Sahu ordered Constable Mohinder Singh, Hav. Tajudin, Hav. T.J. Thomas to go and kill Shri Nishan Singh and accordingly, they went and started beating him in his Barrack. While Tajudin and Mohinder Singh caught hold of him from both sides, Mr. Thomas fired at him at his abdomen from Insas rifle of Mohinder Singh Meena and killed him. Thereafter, they spread a rumour that Shri Nishan Singh had committed suicide. When Constable T.P. Gautam reached the spot of incident, he saw Shri Nishan Singh crying with