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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 named in an FIR for illegal manufacture and sale of gutkha containing tobacco, challenged a High Court order transferring the criminal investigation from the State Vigilance Commission to the CBI. The Supreme Court dismissed the challenge, holding that transfer to CBI does not require proof of investigative inadequacy, but is appropriate when crime transcends state boundaries and involves high officials, to ensure fair investigation and public confidence. The accused has no right to hearing at investigation stage. A PIL by a legislator cannot be rejected merely on political vendetta allegations if genuine concerns about investigative bias exist.

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Criminal Procedure Investigation Central Bureau of Investigation Public Interest Litigation Mandamus Constitutional Law Police Administration

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