Special courts cannot direct CBI to probe a case, says Delhi High Court

In a significant judgment, the Delhi High Court has held that the special courts constituted under the Prevention of Corruption Act, 1988, cannot direct the Central Bureau of Investigation to probe a case. For this, only the Supreme Court and the High Courts are empowered, ruled the court.

Allowing two writ petitions moved by the CBI, the Bench of Justice Siddharth Mridul said earlier this week that the powers of a Special Judge could not be exaggerated so largely so as to include the power to direct the CBI to conduct an investigation. The court quashed two orders of 2013 and 2014 passed by the Special Judge, whereby the CBI was directed to conduct investigation and proceed with complaints.

In its 27-page judgment, the court held that the CBI was not an investigating agency of the court presided over by the Special Judge under the Prevention of Corruption Act. The status of CBI cannot be de-escalated to that of an “officer- in-charge of the police station” under Section 156 (3) of the Criminal Procedure Code.

The court said no police personnel, whether from CBI or any other department, who does not fall within the meaning of the officer-in-charge of a police station can be directed to investigate any case by the Special Judge.

“The Special Judge takes the seat of a magistrate as a court of original criminal jurisdiction while dealing with an application under Section 156 (3) or 202 of the [Criminal Procedure] Code and does not have the power to direct the CBI to investigate into a matter,” stated the judgment.

The court clarified that mere allegations against government officers did not merit an investigation by the CBI. Only the Supreme Court and the High Courts had the power to direct the CBI to conduct probes, said the court.

Sources: http://www.thehindu.com/news/national/special-courts-cannot-direct-cbi-to-probe-a-case-says-delhi-high-court/article8032514.ece