NEW DELHI: The Supreme Court has emphasized that High Courts should not routinely order investigations by the Central Bureau of Investigation (CBI), and such directions must only be issued when there is a clear finding that the state police is incapable of conducting a fair and proper probe.
The apex court said that the power to direct a CBI investigation is extraordinary and must be exercised sparingly, with caution, and only in exceptional cases—particularly when it is necessary to ensure credibility and public confidence in the investigation.
The observations came as a bench of Justices Sudhanshu Dhulia and K Vinod Chandran quashed a Punjab and Haryana High Court order that had directed a CBI probe into a cheating and forgery case.
“High Courts should order a CBI investigation only when prima facie material points to the need for such a probe. It should not be done routinely or based on vague allegations,” the bench stated. “Mere ‘ifs’ and ‘buts’ without a firm conclusion are not enough to set the CBI in motion.”
The court also noted that CBI involvement may be warranted in matters with national or international implications, or when such an order is essential to deliver complete justice and safeguard fundamental rights.
