Probe transferred only in rare circumstance, hits morale of police: Delhi HC

New Delhi, Feb 9 (PTI) Investigation into a criminal case is transferred from one agency to another only in rare and exceptional circumstances, as it hits at the morale of the police which must be avoided at all costs, the Delhi High Court has observed.

The high court said bald allegations are not sufficient for transfer of investigation to another probe agency.

“Transfer of investigation to another agency is only done in rare and exceptional cases such as cases where high officials of state authorities are involved. Accusations against an investigating officer alone are not sufficient to transfer investigation unless there is sufficient material to show that the investigating officer is mixed up with the accused,” Justice Subramonium Prasad said.

The court passed the order on February 6 on petitions filed by several persons accused in a cheating case being probed by the Economic Offences Wing of Delhi Police, seeking to transfer the investigation to a superior agency like the CBI or the Special Cell.

The allegations in the criminal case were that monies of homebuyers and investors were siphoned out and the investigation was being conducted by the agency to unearth the money trail to find out where the monies have been actually parked.

The petitions sought that the probe be transferred to a Special Investigative Team (SIT) headed by a retired judge or to a superior investigating agency for monitoring the investigation.

The court said it was satisfied with the investigation, and it cannot be said that the investigating agency has been lax in its probe.

The judge dismissed the petitions saying they have been filed in the absence of any material placed before the court as to why the investigating agency has been lax.

The court said the petitioners have not made out any case that they were being victimised because of the pressure exerted by the complainants.

The complainants in the case are helpless investors/homebuyers who have invested substantial amounts in the properties which are being constructed by the accused, the court noted.

It applied the parameters laid down by the Supreme Court, which say an investigation is transferred only when the court finds that a fair, honest and complete probe is not being carried out.

“In fact, transfer of investigation from the investigating agency hits at the morale of the police, which must be avoided at all costs,” the high court said.