Declined to transfer investigation to CBI Against Ex Minister of Maharashtra – Supreme Court
The Supreme Court recently observed (Anant Thanur Karmuse Vs. The State of Maharashtra & Ors. 24 Feb 2023) that investigation may only be transferred to the Central Bureau of Investigation (CBI) in “rare and exceptional cases.” The observation was made while hearing an appeal filed by a civil engineer who was allegedly beaten up by police personnel at the behest of a Maharashtra Cabinet Minister. The engineer had sought transfer of the investigation into the matter to the CBI.
Supreme Court recently held that fundamental right of fair investigation and trial: The victim has a fundamental right to fair investigation and trial, and therefore, the mere filing of chargesheets and framing of charges cannot be an impediment in ordering further investigation, re-investigation, or de novo investigation, if the facts warrant it. The Court’s focus should be on fair investigation and trial only.
According to the Appellant, he had shared a viral picture of the Minister ridiculing the Prime Minister of India on his Facebook account in April 2020. After this, the police came to his residence and took him to the Minister’s bungalow, where he was allegedly beaten up and asked to delete the post. The engineer subsequently filed a complaint with the police against the Minister and his men.
The police initially filed a chargesheet without naming the Minister as an accused, but he was added as an accused two years later after the High Court intervened. The engineer had approached the High Court seeking transfer of the investigation to the CBI or some other agency, but the court had dismissed his plea.
Supreme Court held that fundamental right of fair investigation and trial: The victim has a fundamental right to fair investigation and trial, and therefore, the mere filing of chargesheets and framing of charges cannot be an impediment in ordering further investigation, re-investigation, or de novo investigation, if the facts warrant it. The Court’s focus should be on fair investigation and trial only.
Court also held that in the present case, a case is made out for further investigation as the State agency may be permitted to conduct a further investigation to bring on record further material in the interest of fair investigation and trial. The High Court’s failure to order or permit the State to conduct further investigation is a serious error. However , prayer to transfer investigation to CBI has been declined.
Anant Thanur Karmuse Vs. The State of Maharashtra & Ors
