'Can't order CBI probe merely on letters,' SC sets aside Cal HC order on recruitment of voluntary teachers

New Delhi: The Supreme Court has said the High Court cannot exercise its power to order the CBI probe merely on the basis of some letters and without recording reasons why an investigation by the state police would not be fair and impartial.

A bench of Justices B R Gavai and K V Vishwanathan set aside the Calcutta High Court 's April 9 and 19 orders, for the SIT probe of the CBI into letters written to the Minister in charge for regularisation of voluntary teachers in Gorkha Territorial Administration without allegedly following any recruitment process.

Taking up a challenge by the West Bengal government, the bench said, "No doubt that the High Court, while exercising its powers under Article 226 of the Constitution, is empowered to entrust the investigation to the CBI. However, for doing so, it has to come to a reasoning as to why it finds that the investigation by the State Police is not fair or is partisan."

.Constitutional courts can't allow PMLA provisions to become tools in hands of ED: Supreme Court. The bench said the single judge of the High Court would reveal that there is not even a whisper as to why he finds the investigation by the State Police to be unfair or partial so as to find it necessary to direct an enquiry to be conducted by the CBI.

The court also noted the High Court's division bench did not find it necessary to interfere with the order before it, since it felt that only a preliminary examination was directed by the singe judge of the High Court.

"Merely on the basis of some letters, such an exercise is not warranted," the bench said.

The bench also pointed out this court has consistently held that such an exercise of entrusting an investigation to the CBI by the High Court has to be done in very rare cases.

'Can't order CBI probe merely on letters,' SC sets aside Cal HC order on recruitment of voluntary teachers

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