THE ALLAHABAD High Court has ordered that investigation of criminal cases cannot be transferred to the CB-CID in a routine manner, or at the direction of the chief minister, or other authorities. The court issued this order, as it took a serious note of frequent transfer of investigation of criminal cases to the CB-CID under political pressure.
The court directed that henceforth the transfer order and official report shall mention reasons and rules/Government Order for transfer of a case to the CB-CID. Transfer could be effected only in accordance with government orders and decisions of the division bench of the court, it said. Passing these directives, a Division Bench, comprising Justice Imtiyaz Murtaza and Justice Amar Saran, observed, “It is being clarified that every authority, howsoever high it may be, is subject to the rule of law and no authority can be permitted to act in an arbitrary manner.”
The court asked the State Government to submit a compliance report of this order on September 12,2006.
Besides, the court directed that immediate steps shall be taken for arrest of the accused, who are found involved, especially in graver cognizable cases, including cases under Section 302 (murder), 307 (attempt to murder), 364 (kidnapping for murder), 364 A (kidnapping for ransom) etc. Besides, the reasons will have to be furnished in the cases where arrests are not being effected, in spite of the long time that has elapsed since the lodging of the FIR. “These steps for the speedy arrest of the accused are needed to dispel the impression of the court and the general public that transfers of investigation to the CB-CID have been done in order to protect the accused from political considerations.”
The court passed these directives on a writ petition (no-5382 of 2006) filed by Sandeep Kumar Yadav.
Expressing displeasure over the frequent transfer of cases to CB-CID, the court said, “In our earlier order dated May 24,2005, the court had observed that transfers are made to the CB-CID very largely due to political considerations and the net consequences of those transfers is to stall the arrest of the concerned accused persons because they appear to be wielding political influence.”