On 17/2/2010 Supreme Court in its judgment said that it or High Courts can order CBI investigations. It quoted to articles to justify its judgement. Attorney General was in agreement with the judgement.
The constitution specifies law and order a state subject. CBI could operate in a state only if the stated government handed over a case to it. There used to be demands for CBI inquiry because CBI was perceived to be an impartial organization which will do its duty without fear or favour.
By the judgment judiciary has encroached upon the sphere of state governments. Articles 32 and 226 empower the Supreme Court and High Court to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari. The articles do not give the power to order investigations.
There are other difficulties about CBI.
CBI is burdened with many cases. It does not have enough people to pursue the cases it already has and new cases.
CBI’s record is pathetic. Many times CBI officers are susceptible to fear or favour. It is likely that they will not do a better job than state police and many times may do a worse job. There is no guarantee that if the judiciary orders a CBI probe it will do better or guilty will be caught and punished. Jain hawala case is an example.
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