Bombay HC rejects transfer of probe request over unappealing investigation

Bombay High Court. File Pic

The Bombay High Court said that an investigation cannot be shifted from the police to a special agency simply because it doesn't satisfy one of the concerned parties, stated a report in PTI.

According to the report, Justices NW Sambre and NR Borkar, on November 6, stated that investigating agencies must diligently examine all aspects of a case for a fair and swift probe. The bench subsequently dismissed a petition filed by Bhagyashree Mote, who sought to transfer the investigation into her 32-year-old sister's death from the police to either the Maharashtra Criminal Investigation Department (CID) or the Central Bureau of Investigation (CBI).

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The court, refuting the petitioner's claim, said that dissatisfaction alone with the investigating officer's approach does not necessarily imply fault in the probe itself.

"Merely because the investigation of the investigator is not appealing to the party that by itself cannot lead to faulting the investigation by the investigating officer as such the investigation is contrary to their version," the court said.

The High Court, while declining the transfer of the probe, clarified that the power to shift cases is exercised to enhance credibility and trust in investigations, particularly in matters with national or international implications.

"It is only in case of reasonable apprehension about the justice becoming a victim because of shabby, partisan and malafide investigation wherein the courts need to be step-in in the exercise of extraordinary powers," it reportedly added.

The court said that transfers occur only when there's a genuine fear of compromised justice due to biased or malicious investigations. "The court is equally required to be sensitive to the principle that transfers are not ordered just because a party seeks to lead the investigator to a given conclusion," the HC said.

The PTI report stated that Mote alleged her sister was murdered by her in-laws, whereas the police attributed the death to a heart ailment, ruling out foul play. Madhu, the petitioner's sister, passed away a month after her husband's demise due to liver cirrhosis.

Alleging property disputes, Mote claimed her sister was killed by the in-laws to deny her inheritance. However, the deceased's in-laws stated they disowned their son and daughter-in-law earlier due to the son's alcoholism.

After analysing the investigation documents, the High Court concluded that the police conducted a thorough inquiry, considering every angle. The court stated that the investigations and medical evidence did not support the conclusion of a homicide in the woman's death.

With PTI inputs