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Supreme Court of India 2018-05-18 dismissed

E. Sivakumar vs Union of India and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

The petitioner, a government servant accused in a criminal case involving illegal gutkha and pan masala manufacturing, challenged the High Court's order transferring the investigation from the State Vigilance Commission to the CBI. He contended the earlier coordinate bench had rejected similar relief, that he was not heard, and that the petition was politically motivated since filed by a Legislative Assembly member. The Supreme Court held that transfer to CBI depends on ensuring fair investigation to instil public confidence, not on prior investigation inadequacy. An accused has no right to hearing at investigation stage. A political opponent's genuine petition raising bias concerns cannot be dismissed as mere vendetta. The judgment was upheld.

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Constitutional Law Criminal Procedure Investigation Transfer Public Interest Litigation Writ of Mandamus CBI Investigation Constitutional Courts Right to Fair Investigation

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