Mere apprehension that accused are influential is not sufficient to transfer the investigation to CBI, said the bench.
Supreme Court has rejected CBI investigation plea of wife of a naval officer who alleged that her husband and In Laws subjected her to mental and physical cruelty and also complained against five other naval officer including wife of one, alleging wife swapping and sexual abuse.Three judge Bench headed by the Chief Justice T.S. Thakur, however directed the state to constitute a Special Investigation Team by an officer not below the rank of Deputy Inspector General of Police to investigate the matter.
The Bench also dismissed the plea to transfer the petition filed by the naval officer from High Court of Kerala to Delhi High Court observing that mere apprehension that the accused are influential may not be sufficient to transfer a case
MERE APPREHENSION THAT ACCUSED ARE INFLUENTIAL NOT SUFFICIENT TO TRANSFER A CASE
Rejecting the plea of transfer the court said “When the investigation is pending in the State of Kerala, it is desirable that the quash petitions filed under Section 482, CrPC. are heard in the High Court of Kerala, as the High Court will be in a better position to take note of further progress in the investigation and also consider the evidence recorded. The Supreme Court will transfer a case from one State to another State only if there is a reasonable apprehension on the part of a party to a case that justice will not be done. The petitioner has pleaded that “the atmosphere in Kerala is not conducive for the case to progress and reach its judicious end”. The petitioner has only alleged that the accused are naval officers and are influential. Mere apprehension that the accused are influential may not be sufficient to transfer the case.”
NO TO CBI INVESTIGATION
Referring to State of West Bengal & Ors. Vs. Committee for Protection of Democratic Rights, West Bengal & Ors. (2010) 3 SCC 571, the Court also rejected her plea to entrust the case to CBI reiterating thus: “extraordinary power of the constitutional courts in directing C.B.I. to conduct investigation in a case must be exercised rarely in exceptional circumstances, especially, when there is lack of confidence in the investigating agency or in the national interest and for doing complete justice in the matter.”
Read the order here.