Criminal lawyer: the case cannot be transferred to the CBI in a routine manner by the High Court: SC.- 21:30
Supreme Court of India
Justice Hemant Gupta
The Supreme Court of India in the case titled as "Shree Shree Ram Janki Versus State of Jharkhand and others", held that the matter transferred to the CBI for investigation, must be only ordered by the court in rare and exceptional cases, where the court finds that it is necessary in order to do justice between the parties concerned.
The High Court order appointing CBI for investigation - in relation to the rights of the trustees to sell property of a religious trust or deity - was set aside. It was also held that vesting of the property in deity is a religious endowment; but has no early public element in it, therefore, the high court erred in law, while ordering the CBI investigation. The Appeal was accordingly allowed.