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TMI Blog2019 (5) TMI 1965X X X X Extracts X X X X X X X X Extracts X X X X ..... t but has no public element in it, the grievance of which can be made in a writ petition filed in the public interest. We do not say any more than the fact that the High Court should have refrained from entertaining such Public Interest Litigation in respect of alleged wrongful sale of property of the religious bodies. The question as to whether the High Court could direct CBI to take over investigation in the facts of the present case needs to be examined. The Constitution Bench in its judgment reported as State of West Bengal and Others v. Committee for Protection of Democratic Rights, West Bengal and Others [ 2010 (2) TMI 1118 - SUPREME COURT ] has examined the question as to the rights of CBI to investigate a criminal offence in a State without its consent. This Court examined Entry 2 of List II of VII Schedule of the Constitution. It was held that the legislative power of the Union to provide for the regular police force of one State to exercise power and jurisdiction in any area outside the State can only be exercised with the consent of the Government of that particular State in which such area is situated. A three Judge Bench Judgment reported as SUJATHA RAVI KIRA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court held as under:- This Court is of prima facie view that land of the deity could not have been transferred in any case. This large scale illegality needs to be enquired into. Now the question is, who will do so? The land and trust which is involved in this case is of Ranchi. Allegation is against the Government and the Board. Board consists of Government functionaries. In this case, another issue is illegally sanctioning of map by Government Officials. We find, as submitted by the petitioner that in one Public Interest Litigation being WP(PIL) No. 1531 of 2011 (Har Narain Lakhotia Vs. State of Jharkhand and Others) this Court directed the CBI to enquire/investigate the criminality part in giving such sanction in respect of many buildings of Ranchi. The said order has been upheld by the Hon'ble Supreme Court. This is also one of such case, which needs investigation. 16. On this background, this Court feels that this matter be also entrusted to the Central Bureau of Investigation for investigating the criminality part. This would also include the aspects and the intent involved in creation of Trust Deed dated 20.9.2005, transfer/conversion of land, permission o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sdiction of the High Court, inter-alia claiming the following reliefs:- (i) For issuance of an appropriate writ(s)/order (s)/ direction(s) or a writ in nature of mandamus commanding upon the respondents to conduct an inquiry preferably by an Agency other than the Agency of the State in the matter of illegal transfer of property belonging to Sri Ram Janki Tapowan Mandir Trust since the substantial properties of the trust has been misappropriated by the members of the Trust in connivance with the government officials for sale of land belonging to the Trust as well as for construction of building over the land considering the fact that the valuable property of the Trust has been illegally transferred to the private persons who have the support of the most of the higher authorities of the State. 8. The Public Interest Litigation was filed by Respondent No. 8 projecting himself as a responsible and vigilant citizen of the Country and being a Hindu by faith, therefore, as under pious responsibility to protect the interest of the Deity as per his faith. The Respondent No. 8 has not lodged any report before the concerned police station making grievance of any one of the facts state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugh the Court had wide powers conferred by Articles 32 and 226 of the Constitution, but it must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigation or where the incident may have national or international ramifications or where such an order is necessary for doing complete justice and enforcing fundamental rights. The relevant extract from the judgment reads as under:- 70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. The very plenitude of the power under the said articles requires great caution in its exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to CBI to investigate any other offence is wholly erroneous and cannot be sustained. Obviously, direction for investigation can be given only if an offence is, prima facie, found to have been committed or a person's involvement is prima facie established, but a direction to CBI to investigate whether any person has committed an offence or not cannot be legally given. Such a direction would be contrary to the concept and philosophy of LIFE and LIBERTY guaranteed to a person under Article 21 of the Constitution. This direction is in complete negation of various decisions of this Court in which the concept of LIFE has been explained in a manner which has infused LIFE into the letters of Article 21. 6. It is seen from the above decision of this Court that the right to life under Article 21 includes the right of a person to live without being hounded by the police or CBI to find out whether he has committed any offence or is living as a law-abiding citizen. Therefore, it is clear that a decision to direct an inquiry by CBI against a person can only be done if the High Court after considering the material on record comes to a conclusion that such material does disclos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner, 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. 16. In another three Judge Bench Judgment reported as K.V. Rajendran v. Superintendent of Police, CBCID South Zone, Chennai and Others (2013) 12 SCC 480, it was held that the Court could exercise its constitutional powers for transferring an investigation from the State investigating agency to any other independent investigating agency only in rare and exceptional circumstances. The Court gave instances such as where high officials of State authorities are involved, or the accusation itself is against the top officials of the investigating agency thereby allowing them to influence the investigation, and to instil confidence in the investigation. 17. In another two Judge Bench Judgment reported as Bimal Gurung v. Union of India (2018) 15 SCC 480, this Court held that the power of transferring such investigation must be in rare and exceptional cases where the Court finds it necessary in order to do justice between the parties and to instil confidence in the public ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the High Court has not exercised its constitutional powers under Article 226 of the Constitution and directed CBI to investigate into the complaint with a view to protect the complainant's personal liberty under Article 21 of the Constitution or to enforce her fundamental rights guaranteed by Part III of the Constitution. The High Court has exercised its power under Section 482 CrPC on a grievance made by the complainant that her complaint that she was cheated in a loan transaction of Rs 3 lakhs by the three accused persons, was not being investigated properly because one of the accused persons is an Inspector of Police. In our considered view, this was not one of those exceptional situations calling for exercise of extraordinary power of the High Court to direct investigation into the complaint by CBI. If the High Court found that the investigation was not being completed because P. Kalaikathiravan, an Inspector of Police, was one of the accused persons, the High Court should have directed the Superintendent of Police to entrust the investigation to an officer senior in rank to the Inspector of Police under Section 154(3) CrPC and not to CBI. 12. It should also be noted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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