DUMP EGO WHEN HC MOVES PROBE TO CBI: SC TO STATES

The Supreme Court said the loud protests heard from states when a high court shifts probe of a case from the police to CBI had more to do with hurt ego than the alibi that it affected the morale of police force.

"Once the HC gives a view that the matter be investigated by the CBI in exercise of its constitutional powers, all objections of the state must come to an end," said a Bench comprising Justices Aftab Alam and R M Lodha while dismissing the Kerala government’s plea against the HC’s September 11, 2008 order asking CBI to probe a murder case. The state had challenged the HC order on the ground that it adversely affected the morale of the state police.

Least amused by the argument, the Bench said: "There are not one but dozen reports on what adversely affects the morale of the police. You will not find any of them mentioning HC orders as being an adverse factor. The morale of the police is adversely affected by actions of other kind which we do not want to say here."

Clearly, the Bench was hinting at the political interference in the affairs of the police noted in all the reports of committees appointed since the 1970s to suggest ways and means for reforms in the police force.

Having beaten the state’s argument hollow, the Bench dug in further saying: "If investigation is to be handed over to CBI, we don’t understand why should it be taken as an ego clash. Ultimately your interest is also to catch the culprit."

But, Kerala counsel and senior advocate L N Rao said it had become a trend with the HC to transfer cases to CBI from the state police as 30 cases were ordered to be investigated by the central agency in last year itself.

The Bench did not agree. "The courts do not order CBI probe as a matter of habit. This is not a routine power exercised by the HCs. Even statistically we find that several persons come to HCs with this request, but in hardly 1% or 2% cases did the HCs oblige," the Bench added.

Rao contended that in a recent judgment, the SC had held that the HCs could not routinely transfer cases to CBI. The case in hand related to the murder of one Mohammad Fazal by activists of CPM, the ruling party in the state. Rao argued that the probe could not be termed unfair or partial.

But the Bench said that the Kerala HC pointed out several lapses in theinvestigation justifying its decision to ask CBI to take up the probe. "Once the court exercises its constitutional power, the buck must stop there," the Bench said.