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Synopsis

The Calcutta High Court on Monday set aside a single bench judgment ordering a CBI investigation into accusations of tampering with documents and distorting information in the nomination papers of two panchayat poll contestants in the Howrah district.

A division bench of Justices Arijit Banerjee and Apurba Sinha Ray had directed the West Bengal police to conduct an investigation under the supervision of Justice (retd) Debi Prasad Dey's one-man panel.

The bench was hearing an appeal filed by the State government which challenged the order dated June 21, 2023, passed by Justice Amrita Sinha for CBI investigation.

The officers including the District Magistrate Howrah had filed an appeal before the same division bench on June 23, 2023, when the high court bench had directed the CBI not to take any steps till June 26.

Senior Advocate appearing for appellants in the present case stated that just because some allegations are made against the Officers in the Administration, the premier investigating agency of the country cannot be directed to conduct an enquiry. He also drew attention to various documents to buttress his case that the writ petitioners did not file and could not have filed the caste certificate with their respective nominations.

He also argued that the writ petitioners filed acknowledgement slips showing that their applications for OBC “A” certificate had been received by the competent authority and are pending.

Further, he said that the Panchayet Department of the State of West Bengal or the State of West Bengal itself has not been made a party in the writ petition.

Senior counsel appearing for the petitioners had challenged the maintainability of the appeal filed before the present bench. He argued that the order passed by the single judge was merely a direction to conduct a preliminary enquiry to be held by CBI and to place the report before Court. He further submitted that there is nothing in the impugned order by which the State can be legitimately aggrieved.

Counsel also submitted that the Writ Court has sufficient power to direct CBI enquiry in a fit case.

After hearing the arguments, the present division bench highlighted, “CBI is the top investigating agency of the country. Its hands are full with issues involving national interest including the security of the nation. It should not be overburdened with directions to 10 investigate matters which can be handled at the State level.”

“It is now well settled that although the constitutional courts had power to direct CBI inquiry/investigation if the facts of a particular case so warrant, such power should be exercised sparingly, with caution and circumspection,” the court added.

The court directed the State Police to extend full cooperation to Justice Dey under whose supervision the State Police shall conduct an enquiry as regards the allegations made by the writ petitioners in the present writ petition.

Accordingly, the bench disposed of the appeal by setting aside the earlier order.

Case Title: The District Magistrate of Howrah & Ors vs. Kashmira Begum Khan and Ors.