CBI transfer after charge-sheet is exceptional; local investigation stood, but a detailed administrative inquiry was directed.
Transfer of investigation to the CBI after filing of a charge-sheet is justified only in exceptional cases showing bias, derailment of the local investigation, or compelling public interest; mere allegations are insufficient. On the facts, the Court found no material to show that the investigation had been improperly diverted or blocked, so transfer to the CBI was declined. The Court nevertheless noted prima facie laxity in handling repeated complaints and protection requests, and directed the State to conduct a detailed administrative inquiry into whether any official or authority had failed to act appropriately, leaving individual culpability to be determined on the inquiry findings.
Issues: (i) Whether, after filing of the charge-sheet and keeping the investigation open, the investigation should be transferred to the Central Bureau of Investigation; (ii) Whether directions were required for determining the responsibility of State officials or authorities for the handling of the complaints and protection of the deceased.
Issue (i): Whether, after filing of the charge-sheet and keeping the investigation open, the investigation should be transferred to the Central Bureau of Investigation.
Analysis: Transfer of investigation to the Central Bureau of Investigation after a charge-sheet has been filed is not to be ordered routinely. Such a course is justified only in exceptional situations, where the Court finds that the local investigation is not moving in the proper direction, is biased, or the facts disclose compelling public interest requiring intervention by an independent agency. On the facts, the charge-sheet had already been filed against one accused, the investigation was kept open against the unidentified offender, and there was no material showing that the investigation had been derailed or that any powerful influence had prevented proper investigation.
Conclusion: The request for transfer of investigation to the Central Bureau of Investigation was declined.
Issue (ii): Whether directions were required for determining the responsibility of State officials or authorities for the handling of the complaints and protection of the deceased.
Analysis: The events preceding the incident disclosed prima facie laxity and indifference in dealing with the deceased's repeated complaints, requests for protection, and request for transfer. Although some disciplinary action had already been taken, the matter still warranted a detailed administrative inquiry to identify whether any other official or authority had failed to act appropriately. The Court confined itself to directing such inquiry and left questions of individual culpability open.
Conclusion: The State was directed to hold a detailed administrative inquiry and take action on the basis of its findings.
Final Conclusion: The criminal investigation was allowed to proceed before the competent forum, while the State was required to examine administrative responsibility for the earlier inaction and to act on the result of that inquiry.
Ratio Decidendi: After a charge-sheet has been filed, transfer of investigation to the Central Bureau of Investigation is justified only in exceptional cases showing bias, failure of the investigation to proceed properly, or compelling public interest; mere allegations are insufficient.
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