2016 (5) TMI 1594 - SC - Indian Laws

Seeking transfer of investigation from the state police/special team of State Police Officers to C.B.I. - Physical and mental cruelty charge against naval officer and his family - charge of sexual abuse - allegations of wife-swapping - HELD THAT - It is well settled that the extraordinary power of the constitutional courts in directing C.B.I. to conduct investigation in a case must be exercised rarely in exceptional circumstances, especially, when there is lack of confidence in the investigating agency or in the national interest and for doing complete justice in the matter. Considering the facts and circumstances of the case in hand, we are of the view that the case in hand does not entail a direction for transferring the investigation from the state police/special team of State Police Officers to C.B.I. The facts and circumstances in which the offence is alleged to have been committed can be better investigated into by the state police. However, having regard to the nature of allegations levelled by the petitioner, we deem it appropriate to direct the State of Kerala to constitute a special team of police officers headed by an officer not below the rank of Deputy Inspector General of Police to investigate the matter. Petition is disposed of with direction to the Director General of Police, Kerala to constitute a special investigation team headed by a police officer not below the rank of Deputy Inspector General of Police to take up further investigation in FIR No.260 of 2013. The special investigation team shall take up further investigation in accordance with law and complete the investigation at an early date preferably within a period of three months from today - transfer petition dismissed.

Summary

Issues:
Transfer of criminal cases, request for transfer to a different High Court, allegations of physical and mental cruelty, plea for transfer due to lack of support and threat to life, investigation by state police, prayer for CBI investigation, constitutional courts' power to direct CBI investigation, need for special investigation team, disposal of writ petition, direction for further investigation, dismissal of transfer petitions.

Transfer of Criminal Cases:
The case involved Transfer Petitions filed to transfer petitions pending before the High Court of Kerala to the High Court of Delhi. The petitioner sought transfer citing lack of support and threat to life, but the Supreme Court emphasized that transfer would only be ordered if there was a reasonable apprehension that justice would not be served. The Court noted that a special team of state police officers was conducting further investigation, leading to the dismissal of the transfer petitions.

Allegations of Physical and Mental Cruelty:
The petitioner had made serious allegations of physical and mental cruelty, including sexual abuse, against her husband, in-laws, and naval officers. These allegations led to the registration of a case under various sections of the IPC. The High Court of Kerala had directed a thorough investigation into the matter by a special team of police officers.

Prayer for CBI Investigation:
The petitioner had also filed a writ petition seeking a CBI investigation due to alleged inaction and lackadaisical approach by the state police. However, the Supreme Court, citing previous judgments, declined to transfer the investigation to the CBI. Instead, the Court directed the State of Kerala to constitute a special investigation team headed by a senior police officer to further investigate the case.

Constitutional Courts' Power and Special Investigation Team:
The Supreme Court highlighted the need to exercise caution in directing a CBI investigation, emphasizing that such power should be used sparingly and in exceptional circumstances. In this case, the Court decided against transferring the investigation to the CBI but directed the State of Kerala to form a special investigation team led by a senior police officer to ensure a thorough and impartial investigation.

Disposal of Writ Petition and Further Investigation:
The writ petition seeking CBI investigation was disposed of with a direction to the Director General of Police, Kerala, to constitute a special investigation team to continue the probe. The Court instructed the team to complete the investigation promptly, preferably within three months, and requested the High Court to proceed with the criminal cases after the special investigation team concluded its work.

Dismissal of Transfer Petitions:
The Supreme Court dismissed the Transfer Petitions while allowing the petitioner to seek the transfer of a Divorce Petition if advised. The Court clarified that it had not expressed any opinion on the merits of the case, indicating that the dismissal of the transfer petitions did not preclude further legal actions by the petitioner.