The Central Bureau of Investigation (CBI) is a central agency governed by the Delhi Special Police Establishment Act, 1946 which traces its origins to the Special Police Establishment (SPE) formed in 1941 to weed out corruption in war-time procurements.
Constitutional Bench Decision
In State of W.B. v. Committee for Protection of Democratic Rights [(2010) 3 SCC 571], a Five-Judge Bench of this Court held that Constitutional Courts are fully empowered to direct for CBI investigation, and restrictions under the Delhi Special Police Establishment Act, 1946 do not apply to Constitutional Courts.
The Supreme Court added that CBI investigation should not be directed in a routine manner or just because some allegations have been made against the local police. Courts should direct for CBI investigation only in exceptional cases where it becomes necessary to provide credibility and instill 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.
Other SC Judgments
In Legislative Council U.P. Lucknow v. Sushil Kumar [2025: INSC: 1241], the Supreme Court clarified that the exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously, and only in exceptional situations.
The Court added that a CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbors a subjective lack of confidence in the State police. It goes without saying that for invoking this power, the concerned Court must be satisfied that the material placed prima facie discloses commission of offences and necessitates a CBI investigation to ensure the fundamental right to a fair and impartial investigation, or where the complexity, scale, or national ramification of such allegations demands expertise of central agency.
In K.V. Rajendran vs Superintendent Of Police, CBCID, South Zone Chennai [(2013) 12 SCC 480], a Three Judge Bench of the Supreme court held that a transfer of a case to CBI could only be justified by showing sufficient material to prove that the State investigation was dishonest or malafide.
