In Brief
The President of the Gorkha Janmukti Morcha (GJM) petitioned under Article 32 to transfer investigation of 112 FIRs (in which he was named in 31) from West Bengal Police to an independent central agency like CBI, alleging political persecution during a violent agitation for a separate Gorkhaland state. The Court held that the constitutional power to transfer investigation must be exercised sparingly and only in rare exceptional cases. Since the petitioner was an accused seeking transfer rather than a victim, and merely alleged bias without substantiating specific misconduct, and since the agitation had turned violent causing significant deaths, property damage, and police casualties, the broad transfer request was rejected. Each case must be individually examined, and mere allegations of political bias do not justify en masse transfer of investigations.
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