Transfer of investigation to the CBI may follow when a tainted probe threatens fair trial, even after trial has begun.

Constitutional courts may direct transfer of investigation to the CBI in rare and exceptional cases where the existing probe appears tainted, biased, or incapable of inspiring confidence. Commencement of trial or examination of some witnesses does not create an absolute bar to such relief when credible material shows a real risk of miscarriage of justice. The statutory provision for further investigation does not curtail the constitutional power to order transfer where the ends of justice require intervention. On these principles, refusal to transfer the investigation solely because the trial had begun was unjustified, and the investigation was directed to be taken over by the CBI, with the trial kept in abeyance pending the CBI report.

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Issues: Whether the High Court was justified in refusing transfer of the investigation to the CBI merely because the trial had commenced and some witnesses had been examined.

Analysis: The power of the constitutional courts to direct investigation by another agency is an extraordinary power to be exercised sparingly and in rare and exceptional cases where such intervention is necessary to ensure a fair investigation, a fair trial, and public confidence in the administration of justice. Commencement of trial or examination of some witnesses does not create an absolute bar to the exercise of that power. Where the material indicates credible apprehension of a tainted or biased investigation, and where the facts justify intervention to prevent miscarriage of justice, the stage of the proceedings cannot be treated as the governing factor. The statutory scheme permitting further investigation under the criminal procedure law does not curtail the constitutional power to order transfer of investigation when the ends of justice so require.

Conclusion: The refusal to transfer the investigation solely on the ground of stage was not justified; transfer to the CBI was warranted.

Final Conclusion: The appeal succeeded and the investigation was directed to be taken over by the CBI, with the trial kept in abeyance until the CBI report was filed.

Ratio Decidendi: The constitutional courts may direct transfer of investigation to another independent agency in rare and exceptional cases where the existing investigation appears tainted or incapable of inspiring confidence, and the commencement of trial does not by itself bar such relief.

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