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This is an archive article published on August 16, 2011

SC slams Delhi HC for ordering CBI probe in drunken brawl row

Bench of justices Sathasivam and Chauhan expressed shock at manner in which HC orders CBI probe.

The Supreme Court has slammed the Delhi High Court for ordering a CBI inquiry against a police head constable and two constables in a petty case in which they had arrested two persons involved in a drunken brawl.

A bench of justices P Sathasivam and B S Chauhan expressed shock at the casual manner in which the high court had been ordering CBI probes even in petty cases on the ground that the victims were detained by police which amounted to violation of fundamental rights.

“The judgement and order impugned herein shocked our judicial conscience as under what circumstances such a petty incident was considered by the High Court to be a fit case to be referred to CBI for investigation,” the bench said in a judgement.

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Citing its earlier rulings,the apex court said that for directing a CBI probe the court must be satisfied that either of the rival parties is very powerful and influential persons or the state authorities like police officials and the investigations have not proceeded in the right direction.

“Thus,it is evident that the high court has been passing such directions in a casual and cavalier manner”,Justice Chauhan writing the judgement said.

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