SC for CBI investigation in rare cases

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New Delhi, Dec 7 (UNI) The Supreme Court today ruled that CBI investigation should be ordered only in rare and exceptional cases.

A bench comprising Justices A K Mathur and Markandey Katju dismissed the petition of Sakiri Vasu who has asked for a CBI inquiry into the death of his son Major S Ravishankar whose body was found at Mathura railway station on August 23, 2003.

An inquiry held by the GRP and two courts of inquiry set up by the Army came to the conclusion that his death was either due to accident or suicide.

The apex court, while upholding the judgement of Allahabad High Court, noted ''no doubt the Magistrate cannot order investigation by the CBI but this court or the High Court has power under Artical 136 or Artical 226 to order investigation by the CBI. That, however, should be done only in some rare and exceptional cases. Otherwise the CBI would be flooded with a large number of cases and would find it impossible to properly investigate all of them.'' Mr Vasu, in his petition, had alleged that his son was murdered for exposing rampant corruption in the Mathura unit of the Army.

The apex court also said the Magistrate has ample powers under Section 156 (3) CrPC to ensure proper investigation in a criminal case and ''the Section though briefly worded, in our opinion, is very wide and it will include all such incidental power as are necessary for ensuring a proper investigation.'' The apex court also directed secretary general of the Supreme Court to send the copies of the judgement to registrar generals of all the High Courts to circulate a copy of the judgement to all the Judges.


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