The state government has the prerogative to transfer the investigation into any case from one police officer to another, ruled the Bombay high court on Monday while dismissing a petition filed by Provogue owner Salil Chaturvedi.
In August 2005, Subhash Kenjale, now a retired police officer, arrested Chaturvedi in connection with a drugs case. A designated NDPS court acquitted Chaturvedi who had filed a private complaint against Kenjale and two other police personnel, alleging they had hatched a conspiracy to falsely implicate him.
A division bench of justice AM Khanvilkar and justice AR Joshi said: "The decision of the state government would be material and binding and views expressed by the DGP were only recommendatory and could be of no avail." The observation was made in reference to a letter dated October 14, 2010, by the then DGP to the then additional chief secretary, opposing the move to change the officer investigating Chaturvedi's complaint.