NEW DELHI: The Delhi High Court has said that shifting an ongoing criminal investigation from one agency to another should only occur in rare and extraordinary circumstances, cautioning that such moves can severely impact police morale and must be avoided.
Justice Subramonium Prasad, delivering a strong-worded order, dismissed attempts to transfer a cheating case from the Economic Offences Wing (EOW) of Delhi Police to a superior agency like the CBI or Special Cell, stating that baseless allegations against investigating officers are not enough to warrant such intervention.
“Transfers are justified only in cases where top officials of state authorities are implicated. Mere accusations against an investigating officer do not suffice unless there is concrete evidence of collusion with the accused,” the court ruled.
The pleas were filed by individuals accused of defrauding homebuyers and investors, allegedly siphoning off large sums of money. The investigation, currently being handled by EOW, is focused on tracing the financial trail and identifying where the embezzled funds have been parked.
Seeking to shift the probe to a Special Investigative Team led by a retired judge or a higher agency, the petitioners argued that the probe required independent oversight.
Reaffirming Supreme Court guidelines, the verdict said transfers should only be ordered when it is evident that an inquiry lacks fairness.