Rajasthan High Court Says State Need Not Be Impleaded In Cases Investigated By CBI, NCB, Other Central Agencies

The Rajasthan High Court has directed discontinuation of the “unnecessary” practice of impleading State of Rajasthan, in a routine manner, in all matters arising out of prosecutions by Central Investigating Agencies like CBI, CBN, NCB, etc., even though the prosecution was not being conducted by the State.

While opining such practice to be a “recurring procedural irregularity”, the bench of Justice Farjand Ali observed that such practice resulted in unnecessary impleading of the State and avoidable procedural complications.

“The State of Rajasthan shall not be impleaded as a party merely as a matter of routine, nor shall copies of the petitions be routinely supplied to the learned Public Prosecutor representing the State in such matters, unless the State is otherwise a necessary or proper party.”

While hearing a matter in which the investigation was conducted and the prosecution as carried out by CBI, the Court observed that State of Rajasthan was impleaded as a party and copies of the petitions were routinely supplied to the Public Prosecutor, representing the State, even though the prosecution was not being conducted by the State.

In this background, the following directions were made to the Registrar (Judicial), with a view to correcting such practice, and ensuring that in all matters arising out of prosecution by central investigating agencies, the concerned agency was duly impleaded and copies of petitions were supplied to its authorized representative.

“All matters arising out of prosecutions conducted by the CBI, CBN, NCB or any other Central Investigating Agency shall be scrutinised at the filing stage, and such matters shall not be registered unless the concerned Central Agency is duly impleaded as a party. The practice of routinely impleading the State of Rajasthan and supplying copies of the petitions to the learned Public Prosecutor in such matters shall be discontinued.”