Supreme Court Orders Independent Investigation Amid Political Bias Concerns

Facts of the Case:

The petitioner, an advocate and political figure, approached the Supreme Court under Article 32 of the Constitution, seeking the transfer of investigations from the local police to an independent agency like the CBI. This was concerning two FIRs lodged against him on December 7, 2020, at Serampore Police Station, West Bengal. The petitioner alleged political victimization by the ruling party and his ex-father-in-law, a sitting MP, following a marital discord that culminated in divorce in 2018. The petitioner also reported a hostile incident on December 6, 2020, where a mob allegedly attacked his house and vehicle, and the local police failed to act impartially.

Contentions of the Appellant (Petitioner):

The petitioner contended that:

1. The FIRs against him were mala fide and politically motivated.
2. The local police were acting under political influence, and their investigation would be biased.
3. His fundamental right to a fair investigation was being violated.
4. The political climate in West Bengal was hostile to his party, the BJP, further diminishing the possibility of an impartial investigation.
5. As an advocate and spokesperson of the BJP, he faced continuous threats and harassment orchestrated by the respondent, his ex-father-in-law, and ruling party members.

Contentions of the Respondents:

1. State Respondents: Denied the allegations and argued that the FIRs disclosed cognizable offenses. They opposed the transfer of the investigation, asserting that the investigation was in its initial stages and would be conducted fairly.
2. Respondent No. 7 (Ex-Father-in-Law): Claimed that the petition was politically motivated and based on fabricated allegations. He argued that the petitioner had a grudge against him and that the local police could conduct an impartial investigation.

Issues:

1. Whether the investigation pursuant to the two FIRs should be transferred to an independent agency like the CBI.
2. Whether the petitioner’s right to a fair investigation under the Constitution is being violated due to alleged political interference.
3. Whether the local police are competent to investigate allegations involving CISF personnel.

Observations/Findings by the Supreme Court:

1. The court acknowledged the adverse political climate and personal enmity as factors potentially undermining a fair investigation by the local police.
2. It reiterated the principle that investigation must not only be fair but also appear credible to instill public confidence.
3. Past precedents emphasized the necessity of transferring investigations to independent agencies in exceptional cases of political influence or bias.
4. The local police’s conduct, including refusal to cooperate with CISF personnel, raised concerns about impartiality.

Principle of the Case:

The principle established is that the right to a fair investigation is fundamental under the Constitution. In cases where there is a possibility of bias, political interference, or lack of impartiality, constitutional courts can transfer investigations to independent agencies to ensure justice.

Final Order:

The Supreme Court ordered the transfer of the investigation related to the two FIRs from the local police to the CBI. The court directed the State-respondents to hand over all relevant records to the CBI for an unbiased investigation and prompt completion.

Impact on Public Law and Order:

This judgment reinforces the public’s trust in the judiciary to uphold fairness and impartiality. It serves as a reminder to state authorities about their constitutional obligation to maintain the integrity of investigations, especially in politically sensitive cases. It also strengthens the accountability of investigative agencies to act without prejudice.

Case Citation:

Supreme Court of India, Kabir Shankar Bose v. State of West Bengal & Ors., Writ Petition (Crl.) No. 416 of 2020, Judgment dated December 4, 2024.