Top court sets aside Allahabad HC order for CBI probe, says should be last resort, Pg7.

Key Highlights:

• The Supreme Court overturned an Allahabad High Court order for a CBI probe into alleged irregularities in Uttar Pradesh Legislative Assembly Secretariat recruitments during 2020-21.
• The High Court had ordered the CBI enquiry on September 18, 2023, deeming the recruitment process a "shocking scam".
• The Supreme Court emphasized that a CBI investigation should be a "measure of last resort" and not ordered routinely.
• The case involved allegations that one-fifth of positions were filled by relatives of senior state officials after the recruitment exam.

Detailed Insights:

• The Supreme Court bench cited established jurisprudence that imposes self-restraint on directing CBI investigations under Article 32 or Article 226 of the Constitution of India.
• The inherent powers to direct the CBI to investigate must be exercised sparingly, cautiously, and only in exceptional situations to ensure fair and impartial investigation.
• The Supreme Court has consistently cautioned against directing a CBI investigation routinely or merely based on aspersions or lack of confidence in the state police.
• A CBI investigation should only be directed when the court is satisfied that the material prima facie discloses commission of offenses, or when the complexity, scale, or national ramification demands expertise of a central agency.

Key Concepts Involved:

• Article 32: Guarantees the right to constitutional remedies, allowing individuals to approach the Supreme Court for violation of fundamental rights.
• Article 226: Empowers High Courts to issue writs for the enforcement of fundamental rights and for any other purpose.
• CBI (Central Bureau of Investigation): The premier investigating agency of India.