In a Gang Rape Case Delhi High Court Denies Transfer of Case to CBI

In a significant judgment delivered by the High Court of Delhi, Justice Amit Bansal dismissed a petition seeking the transfer of an investigation to the Central Bureau of Investigation (CBI). The case, involving allegations of assault, gang rape, and the death of the petitioner's mother, has been a subject of legal scrutiny for its complexities and the sensitivity of the allegations.

Justice Bansal, in his judgment delivered on January 4, 2024, meticulously addressed the petition filed by Manish Chadha, a qualified lawyer appearing in person. Chadha sought a transfer of the investigation of FIR No.440/2020, under Sections 308/34 of the Indian Penal Code (IPC), to the CBI or any other quasi-judicial body.

The Court, after thorough consideration of the facts and arguments presented, concurred with the findings and directions of the trial court. Justice Bansal stated, “The trial court's comprehensive review of the investigation, including allegations of gang rape, cause of death, and theft, led to additional directions for further investigation and filing of a supplementary chargesheet.” He further emphasized that "an overall analysis of the aforesaid order passed by the Trial Court would show that wherever the Trial Court was not satisfied with the investigation carried out, it has directed further investigation or sought an explanation from the investigating agency.”

In his analysis, Justice Bansal referred to various Supreme Court precedents, underlining the principle that directing investigations to the CBI is an extraordinary power, to be exercised sparingly and in exceptional situations. He cited notable cases such as State of West Bengal And Ors. v. Committee for Protection of Democratic Rights, West Bengal and Ors. and Sakiri Vasu v. State of Uttar Pradesh And Ors., to reinforce this legal standpoint.

The judgment also acknowledged the role of the Amicus Curiae, Mr. Vikas Pahwa, Senior Advocate, whose expertise in criminal law was pivotal in assisting the Court.

High Court found no merit in the petitioner’s allegations of police collusion with the accused persons or inadequacy in the investigation. As a result, the petition for the transfer of the investigation was dismissed, supporting the trial court’s capability to handle the complexities of the case with due diligence.

Date of Decision: January 4, 2024

MANISH CHADHA VS STATE GOVT OF NCT AND ORS