Case Note & Summary
The petitioner, Ms. Rekha Roy, filed a writ petition before the Bombay High Court seeking a direction to the Central Bureau of Investigation (CBI) to investigate the death of her daughter, who died under suspicious circumstances. The petitioner alleged that her daughter was subjected to dowry harassment and was ultimately killed by her husband and in-laws. The petitioner contended that the state police was not conducting a fair and impartial investigation and that there was a cover-up. The respondents, the State of Maharashtra and the CBI, opposed the petition. The state submitted that the investigation was already in progress and that there was no reason to transfer it to the CBI. The court, after hearing the parties, held that the power to transfer investigation to the CBI is an extraordinary power that should be exercised only in exceptional circumstances, such as when there is a clear mala fides or when the investigation is not being conducted properly. In the present case, the court found that the investigation was ongoing and that the petitioner had not made out a case of mala fides or any other compelling reason to warrant a transfer. The court dismissed the petition, directing the state police to continue the investigation and to file a final report expeditiously.
Headnote
A) Criminal Procedure - Transfer of Investigation to CBI - Writ Jurisdiction - Petitioner sought transfer of investigation to CBI alleging that the state police was not conducting a fair investigation into the death of her daughter - Court held that in the absence of any mala fides or compelling reasons, the High Court cannot direct CBI investigation when the state police is already investigating - Held that the power under Article 226 of the Constitution of India to transfer investigation to CBI should be exercised sparingly and only in exceptional circumstances (Paras 1-5).
Issue of Consideration
Whether the High Court should direct the Central Bureau of Investigation (CBI) to investigate the alleged offences of dowry death and harassment when the state police is already investigating the matter.
Final Decision
The writ petition is dismissed. The state police is directed to continue the investigation and file a final report expeditiously.
Law Points
- Transfer of investigation to CBI
- Scope of writ jurisdiction in criminal matters
- Requirement of mala fides for transfer of investigation
- Power of High Court under Article 226 of Constitution of India
