Transfer of investigation for apparent bias and loss of confidence justified to secure a fair, credible inquiry.

Where an investigation into an attack on Enforcement Directorate officials showed conflicting FIR versions, omission of serious offences, delayed action, and steps taken despite restraint orders, the text states that transfer to the CBI may be warranted in rare and exceptional cases to protect fairness and public confidence. It also states that a mixed Special Investigating Team of CBI and State Police officers was inadequate, because the connected incidents were inseparable from the attack and the State Police's continued role compromised credibility. The stated final position is complete transfer of the criminal cases to the CBI for an independent inquiry.

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Issues: (i) Whether the investigation of the incident and connected FIRs ought to be transferred from the State Police to the Central Bureau of Investigation on the ground of apparent bias and loss of confidence in the State investigation; (ii) whether the constitution of a Special Investigating Team comprising officers of the CBI and the State Police was justified in the facts of the case.

Issue (i): Whether the investigation of the incident and connected FIRs ought to be transferred from the State Police to the Central Bureau of Investigation on the ground of apparent bias and loss of confidence in the State investigation.

Analysis: The case arose out of an attack on Enforcement Directorate officials during investigation of a money-laundering matter. The record reflected serious concerns about the manner in which the State Police had handled the matter, including conflicting FIR versions, omission of serious offences at the initial stage, delayed and inconsistent action, and further investigative steps taken despite restraint orders. The governing principles permit transfer of investigation in rare and exceptional cases, particularly where the investigation appears tainted, where public confidence in the process is shaken, or where such transfer is necessary to do complete justice and protect fundamental rights. On the facts found, the situation was treated as one where State investigation could not inspire confidence.

Conclusion: The investigation was required to be transferred to the Central Bureau of Investigation.

Issue (ii): Whether the constitution of a Special Investigating Team comprising officers of the CBI and the State Police was justified in the facts of the case.

Analysis: The Special Investigating Team was constituted on the premise that the Enforcement Directorate had not sought transfer of the predicate-offence cases. That approach was not accepted. The connected incidents were viewed as inseparable from the attack on the investigating officers, and the continued involvement of the State Police was considered incompatible with a fair and credible investigation in the circumstances. The arrangement created by the Single Bench was therefore found inadequate to secure an independent inquiry.

Conclusion: The constitution of the Special Investigating Team was not justified and was liable to be set aside.

Final Conclusion: The matters were disposed of by directing a complete transfer of the concerned criminal cases to the Central Bureau of Investigation, with the State police investigation displaced in order to ensure a fair and credible inquiry.

Ratio Decidendi: In exceptional cases where the investigation appears biased or incapable of inspiring public confidence, the constitutional court may direct transfer of investigation to an agency under its power of judicial review to secure a fair investigation and complete justice.

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