'Courts should not routinely order CBI investigations', Supreme Court stern:

News Topical, Digital Desk : The Supreme Court has stated that constitutional courts should not routinely order CBI investigations, but rather exercise their powers with restraint and caution. The Court clarified that a CBI investigation should be resorted to only when all other options have been exhausted and the fairness of the case is in question.

What is the whole matter?

The bench of Justice JK Maheshwari and Justice Vijay Bishnoi made the observation while dismissing the Allahabad High Court order which had directed a CBI probe into alleged irregularities in the recruitment process of Uttar Pradesh Legislative Council employees.

The apex court said that the inherent powers to direct the CBI to investigate should be exercised with restraint, caution and only in exceptional circumstances. The bench said, "This court has consistently cautioned that a CBI investigation cannot be ordered casually or merely because a party has expressed suspicion or distrust of the state police." It said, "The concerned court must be satisfied that the material presented prima facie indicates an offence and a CBI investigation is necessary to ensure a fair and impartial investigation or that the matter is so complex, pervasive or of national impact that the expertise of the central agency becomes necessary."

'Ordering a CBI probe should be seen as a last resort'

The Supreme Court said that ordering a CBI investigation should be seen as a last resort and is only appropriate when the constitutional court is convinced that the fairness or integrity of the investigation process has been seriously compromised. The court also said that constitutional courts must exercise judicial restraint so as not to unnecessarily burden a specialized agency like the CBI with cases that do not fall in the category of exceptional cases.