The Supreme Court has ruled that constitutional courts must exercise restraint while ordering CBI probes, stating such inquiries should be directed only in exceptional circumstances where fairness or impartiality of the state investigation is in doubt.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: In a ruling reinforcing the principle of judicial restraint, the Supreme Court of India has held that constitutional courts should not order CBI inquiries as a matter of routine. The apex court emphasized that such powers must be exercised “sparingly, cautiously, and only in exceptional circumstances.”
Background
The observation was made while the Supreme Court bench, comprising Justices J.K. Maheshwari and Vijay Bishnoi, was hearing an appeal against an order of the Allahabad High Court, which had directed the Central Bureau of Investigation (CBI) to investigate alleged irregularities in the recruitment process for staff of the Uttar Pradesh Legislative Council.
Setting aside the High Court’s order, the Supreme Court clarified that transferring an investigation to the CBI should not be treated as a default option whenever allegations of irregularity arise.
What the Supreme Court Said
The bench reiterated that CBI investigations must remain a measure of last resort, to be invoked only when the integrity or impartiality of the local investigation is genuinely in doubt.
“A CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbours a subjective lack of confidence in the state police,”
the court observed.
The judges explained that constitutional courts should first be satisfied that:
- Prima facie material discloses the commission of an offence, and
- A CBI investigation is necessary to protect the fundamental right to a fair and impartial probe, or
- The case involves complexity, large scale, or national ramifications, demanding the expertise of a central agency.
ALSO READ: Motive Not a Critical Component, Not Essential to Uphold Murder Charge: Delhi High Court
The court underscored that ordering a CBI probe should be justified only when compelling circumstances exist, such as:
- Evidence suggesting systemic failure,
- The involvement of high-ranking officials or politically influential persons, or
- When the local police’s conduct raises serious doubts about their neutrality.
In the absence of these factors, the court warned, directing a CBI investigation would amount to unwarranted judicial overreach.
“Judicial restraint demands that constitutional courts must refrain from unnecessarily burdening a specialised central agency with matters that do not meet the threshold of an exceptional case,”
the bench added.
Case Title:
LEGISLATIVE COUNCIL U.P. LUCKNOW & ORS VERSUS SUSHIL KUMAR & ORS.
CIVIL APPEAL NO. 11842 OF 2025
READ JUDGMENT
