CBI Investigation Must Be Ordered Only In Exceptional Cases; May Not Be Appropriate In Recruitment Disputes : Supreme Court

The Supreme Court on Thursday (October 16) set aside the Allahabad High Court's ruling, which directed a CBI enquiry into alleged irregularities in the recruitment process for the Uttar Pradesh Legislative Council and Assembly secretariats.

A bench of Justices JK Maheshwari and Vijay Bishnoi reiterated that CBI investigations are an extraordinary measure, justified only in rare circumstances such as where State agencies are compromised, fundamental rights are at stake, or issues of national importance arise. Recruitment disputes, the Court noted, do not ordinarily cross this threshold unless it shakes the Court's conscience.

“The Court may exercise such discretion, where the incident may have national or international ramifications and with intent to do complete justice or for enforcing the fundamental rights. Mere sweeping remarks are not enough to direct for CBI investigation, until prima facie disclosure of commission of criminal offence is made out. It is further said that in the matters relating to recruitment, it would not be appropriate to direct CBI investigation in routine course unless the facts brought on record are so abnormal that shake the conscience of the Court.”, the court said.

“The exercise of inherent powers to direct CBI to investigate must be exercised sparingly, cautiously, and only in exceptional situations. This Court has consistently cautioned that a CBI investigation should not be directed as a matter of routine or merely because a party casts certain aspersions or harbors a subjective lack of confidence in the State police. It goes without saying that for invoking this power, the concerned Court must be satisfied that the material placed prima facie discloses commission of offences and necessitates a CBI investigation to ensure the fundamental right to a fair and impartial investigation, or where the complexity, scale, or national ramification of such allegations demands expertise of central agency.”, the court added.

CBI investigation must be ordered as a matter of last resort when “the Constitutional Court is convinced that the integrity of the process has been compromised or has reasons to believe that it may get compromised to a degree that shakes the conscience of Courts or public faith in the justice delivery system”, the Court said, emphasizing that a compelling case must be brought “in notice of the court prima facie point towards systemic failure, the involvement of high-ranking State officials or politically influential persons, or when the local police's conduct itself creates a reasonable doubt in the minds of the citizenry regarding their ability to conduct a neutral probe.”

Background

The controversy began with two writ petitions before the Allahabad High Court (Lucknow Bench). The first petition challenged the fairness of the selection process for various posts in the Legislative Council in 2020. The petitioners alleged arbitrariness and collusion but did not seek a CBI probe. The second petition, filed by another petitioner, assailed the recruitment for Assistant Review Officers in the Legislative Assembly and requested a “high-level inquiry.”

While a Single Judge directed that future recruitments be routed through the Subordinate Services Selection Commission, a Division Bench, while hearing appeals and connected petitions, went a step further. It registered the matter as a suo motu PIL and ordered a CBI preliminary enquiry. The review petition challenging this order was dismissed, prompting appeals before the Supreme Court.

In this backdrop, the Supreme Court made the aforesaid observation, while allowing the Legislative Council's appeal.

Cause Title: LEGISLATIVE COUNCIL U.P. LUCKNOW & ORS. VERSUS SUSHIL KUMAR & ORS. (and connected matters)

Citation : 2025 LiveLaw (SC) 1012

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