Arnab Ranajan Goswami v. Union of India and Others. AIR 2020 SC 2389
Court: Supreme Court of India
- Issue: Whether several FIRs can be lodged in different states on the same set of facts and allegations?
- Can an accused person have a choice in regard to the mode or manner in which the investigation should be carried out?
- Can the displeasure of an accused person about the manner in which investigation proceeds be a ground to invoke the extraordinary power of Supreme Court to transfer an investigation to the CBI?
- Whether the allegations contained in FIR do or do not make out any offence be decided in pursuance of the jurisdiction of the Supreme Court under Article 32?
Held:
Key Takeaways:
- While highlighting the principle of proportionality and the need to adopt least restrictive measures in achieving the legitimate state aim, the Hon’ble Apex Court observed that subjecting an individual to numerous proceedings arising in different jurisdictions on the basis of same cause of action cannot be accepted as the least restrictive and effective method of achieving the legitimate state aim in prosecuting crime.
- An investigation cannot be transferred to CBI in a routine manner. Power of transfer must be used sparingly and only in exceptional circumstances. One factor that courts may consider is that such transfer is “imperative” to retain “public confidence in the impartial working of the State agencies.”
- An accused person does not have a choice in regard to the mode or manner in which the investigation should be carried out or in regard to the investigating agency. As long as the investigation does not violate any provision of law, the investigation agency is vested with the discretion in directing the course of investigation.
- The displeasure of an accused person about the manner in which the investigation proceeds must not derail the legitimate course of law and warrant the invocation of the extraordinary power of this Court to transfer an investigation to the CBI
- Whether the allegations contained in FIR do or do not make out any offence as alleged will not be decided in pursuance of the jurisdiction of the Supreme Court under Article 32, to quash FIR.