A bench of Justices Markandeya Katju and A K Patnaik passed the direction on an appliation moved by the deceased's wife Sushila Devi, accusing the Special Police Operations Group (SPOG) of Rajasthan of abducting her husband, killing him in cold blooded manner and passing it off as an ecounter.

According to Rajasthan government, Dara Singh was a proclaimed offender carrying a reward of Rs 25,000 on his head and was involved in a series of criminal activities.
Appearing before the bench, State's Additional Advocate General Manish Singhvi submitted the state government had no objection to CBI probe and had in fact written a letter to the agency on March 20, 2009, to take up the investigation.

However, CBI did not take up the probe, after which the deceased's wife to approach the apex court for relief. Under Section 6 of the Delhi Special Police Establishment Act, the agency can take up the probe in a state only with the consent of the government concerned.

In this case, though the state gave its consent to CBI, the latter was reluctant to take up the investigation following which the court passed the direction.

A Constitution Bench of the Supreme Court had recently ruled that the apex court and the high courts are empowered to order CBI to conduct an inquiry.

The apex court had recently ordered a CBI probe into the alleged fake encounter killing of Sohrabudding Sheikh by the Anti-Terrorist Squad of Gujarat police.