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Supreme Court of India 2019-05-01 allowed

Shree Shree Ram Janki Ji Asthan Tapovan Mandir & Anr vs State of Jharkhand & Ors

Bench: 2 — Hemant Gupta

In Brief

The Supreme Court allowed an appeal by a religious trust challenging the High Court's direction to the Central Bureau of Investigation (CBI) to investigate the alleged illegal transfer of trust property. The Court held that directing CBI investigation is an extraordinary power to be exercised only in exceptional circumstances, and not routinely. Here, the transfer of religious trust property under statutory authority of the Bihar Hindu Religious Trust Act (which permits transfer with Board and District Judge approval) constitutes a civil dispute, not a criminal matter. The Court reaffirmed that CBI can investigate within a State only with State consent, and that public order and police are State subjects. The High Court erred in entertaining the PIL and in sweepingly directing CBI involvement without prima facie evidence of criminality.

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Religious Trusts Property Law Constitutional Law Central Bureau of Investigation Public Interest Litigation Administrative Law Police Investigation

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