Routinely ordering CBI probe demoralises state police: SC

Routinely ordering the CBI to take over probes not only leads to an “unimaginable burden” on the premier investigative agency, but also has a “very serious and far-reaching demoralising impact” on the officers of the state police, the Supreme Court on Monday highlighted.
A bench of Justices Surya Kant and Ujjal Bhuyan made the remark while ordering an SIT investigation into the alleged torture of a woman in police custody following her arrest during the protests against the rape and murder of a doctor at R G Kar Medical College and Hospital in Kolkata.
The bench, which modified the November 6 Calcutta High Court verdict upholding the single judge order directing a CBI probe, said, “It is not necessary for us to comment on those reasons except to say that entrustment of the investigation of matters to the CBI not only leads to an unimaginable burden on the premier investigative agency of the country, but also has a very serious and far-reaching demoralising impact on the officers of the state police.”
The bench did not find it prudent to proceed on the premise that senior IPS officers allocated to the West Bengal cadre were incompetent or inefficient to hold a fair and independent investigation and unearth the truth.
The court therefore constituted a three-member SIT comprising 2009 batch IPS Akash Magharia (DIG Presidency range), IPS Swati Bhangalia (SP Howrah (rural)) and IPS Sujata Kumari Veenapani (DSP (traffic) of Howrah).
“The SIT shall take over the investigation…forthwith, all the records of the investigation shall be entrusted to SIT today during the course of the day and the SIT will start investigation without any delay. The SIT shall be at liberty to associate some other police officers, if so required,” the bench ordered.
The top court urged the Calcutta High Court chief justice to constitute a special bench before which the SIT would submit its weekly reports and seek further investigation.
Senior advocate Narender Hooda, representing the petitioners, sought protection for his clients and submitted the state had invoked provisions under the stringent POCSO Act against a young girl.
The bench further directed the victims to approach the SIT to ensure no harm was caused to their lives and liberties, and the probe team was asked to take necessary steps without any delay.