CBI not to be burdened with routine matter investigation: SC

New Delhi, Jun 25 (UNI) The Supreme Court today set aside the remarks and criticism leveled against CBI officers and cost imposed on them by Gujarat High Court, while directing that the CBI should not be burdened with the investigation of routine matters.

A bench comprising Justices Arijit Pasayat and B P Singh said the other investigating agencies of various states can effectively investigate into such matters.

On September 29 and October 26, 1999, Chief Judicial Megistrate Nadiad had directed the CBI to investigate a theft case involving a bag containing muddamal article number two, ie, Rs 35,000.

The then Additional Session Judge had set aside the order of the CJM on the grounds that the CJM can not order a CBI investigation under Section 156 (CrPC). At this, the CBI had approached the High Court but the revision filed by CBI was dismissed holding that the CBI was similar to any other litigant and it can not be placed in a special or priviledged category.

The High Court had also held that the petition filed by CBI was not maintainable as it had bypassed the alternative remedy. It had depricated the approach of CBI and imposed a cost of Rs 1000 for choosing a wrong path and also for not adhering to law.

The Supreme Court, in its judgement dated June 21, 2007 held ''there is substance in the plea of learned counsel for the CBI that routine matter should not be entrusted to it as the investigating agencies of various states can effectively investigate into such matters. Although where it is visible that the investigating agency is not doing proper investigation, a direction may be given to the CBI to investigate the matter in appropriate cases.'' ''This case does not involve any complexity and was a routine case of theft of muddamal property. The learned Session Judge, therefore, rightly appears to have set aside the orders passed by the learned CJM,'' the bench added.

The CBI had moved the Supreme Court against the High Court order contending that the impuned order had been passed without hearing counsel for CBI and also in voilation of the ruling that only the High Court and the Supreme Court can order a CBI investigation.

The High Court had directed the CBI to complete the investigation within six months.

UNI