Probe can’t be transferred just because party concerned doesn’t find it appealing: Bombay HC

The Bombay High Court emphasized that the transfer of a case from the police to a special agency cannot be justified solely on the basis of the investigation not being appealing to a concerned party. The court asserted that investigating agencies should not be overburdened and are obligated to objectively assess the prosecution's case from all perspectives to ensure a fair and prompt investigation. This statement was made by a division bench of Justices N. W. Sambre and N. R. Borkar on November 6.

It dismissed a petition filed by one Bhagyashree Mote, seeking transfer of probe into the death of her 32-year-old sister from police to the Maharashtra Criminal Investigation Department (CID) or the Central Bureau of Investigation (CBI). Merely because the investigation of the investigator is not appealing to the party that by itself cannot lead to faulting the investigation by the investigating officer as such the investigation is contrary to their version, the court said.

HC, while refusing to transfer the probe into the death of the petitioner’s sister, noted the power to transfer cases is exercised to provide credibility and instil confidence in the investigations or incidents of national and international ramifications. It is only in case of reasonable apprehension about the justice becoming a victim because of shabby, partisan and malafide investigation wherein the courts need to be step-in in exercise of extraordinary powers, it said.

The court is equally required to be sensitive to the principle that transfers are not ordered just because a party seeks to lead the investigator to a given conclusion, the HC added. Mote in her plea alleged her sister was killed by her in-laws, while police ruled out any foul play in the death and said it was due to heart ailment.