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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
Permanent Imprint Leading Cases
State of West Bengal v. Committee Rights for Protection of Democratic Rights, West Bengal, AIR 2010 SC 1476

One Abdul Rahaman Mondal along with a large number of workers of a political party had been staying in several camps of that party at Garbeta, District of Midnapore, West Bengal. On 4 th January, 2001 Abdul Rahaman Mondal and few others decided to return to their homes from one of such camps. When they reached back home, some miscreants, about 50 to 60, attacked them with fire-arms and other explosives, which resulted in a number of casualties. Abdul Rahaman lodged a written statement with the Garbeta Police Station on 4 th January, 2001 himself but the FIR for the offence was registered on 5 th January, 2001.

A writ petition under Article 226 of the Constitution of India was filed in the High Court of Judicature at Calcutta more than 3 months had elapsed since the incident had taken place, except two persons, no other person named in the FIR, had been arrested, no serious attempt had been made to get the victims identified and so far the police had not been able to come to a definite conclusion whether the missing persons were dead or alive.

The High Court upon own considerations deemed it appropriate to hand over the investigation into the said incident to the CBI. Being aggrieved by such an order of the High Court, the State of West Bengal, filed a petition for a special leave to appeal before the Supreme Court.

Issue

Whether CBI has a role in police investigation in a State without its consent?

Judgment

It was emphasized by the Supreme Court that, despite wide powers conferred by Articles 32 and 226 of the Constitution of India. The courts must exercise the extraordinary powers sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources.

 
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