SUBRATA CHATIORAJ versus UNION OF INDIA & ORS.

Citation: [2015] 10 S.C.R. 660 · Decided: 16-10-2015 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Disposed off
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
[2015] 10 S.C.R. 660 
SUBRATA CHATIORAJ 
v. 
UNION OF INDIA & ORS. 
(I.A. No. 16 of 2015 in Writ Petition (Civil) No. 401 of 2013) 
OCTOBER 16, 2015 
[T. S. THAKUR AND C. NAGAPPAN, JJ.] 
Investigation - Investigation by CBI - Chit fund scams 
in West Bengal and other States - Issuance of direction to 
C transfer cases registered in different police stations to CBI 
for fair and credible investigation by this Court·- During 
pendency of investigation by CBI, writ petition in public 
interest by Union of India seeking transfer of large number 
0 
of other similar cases to CBI - Disposal of writ petition by 
the High Court seeking direction to Central Government 
to issue notification transferring all chit fund cases 
registered in State of Assam to CBI to investigate the said 
cases - Direction a/so issued for investigation uls. 173 
E Cr.PC. where charge-sheets had already been filed -
Subsequently, IA by CBI seeking modification of the said 
order that CBI may be permitted to undertake the 
investigation for limited F/Rs and others may be continued 
by local police of the State since it could not handle the 
F large number of cases with the existing manpower and 
other infrastructure at its disposal - Held: Citizens are 
entitled to not only expect but demand that investigations 
ought to be fair and effective as much as they ought to be 
quick and efficient- It cannot be said that the investigating 
G agencies hands are full of or that it does not have the 
manpower to handle cases, no matter circumstances justify 
or demand investigation by any agency from outside a 
given State -
CBI as a centrally control investigating 
agency cannot afford to IQse the advantage of it being seen 
H by the citizens and the courts as a credible agency - It 
660 
SUBRATACHATTORAJ v. UNION OF INDIA 
661 
can ill-afford to do so on account of shortage of manpower A 
or any other constraint - Thus, the Central Government 
directed to take steps for comprehensive revision of the 
cadre strength of CBI and take immediate steps for filling 
up the vacancies that are already sanctioned -
Constitution of India, 1950 -Article 21 - Scams. 
B 
Subrata Chattoraj \/. Union of India & Ors. (2014) 
8 SCC 768:2001 (6) SCR 783; Nimeon Sharma 
and Ors. \/. Home Secretary, Government Of 
Meghalaya (1980) 1SCC700: 1979 (3) SCR785; 
C 
Abdul Rehman Antulay And Ors. \/. R.S. Nayak 
andAnr. (1992) 1SCC225:1991 (3) Suppl. SCR 
325; Hussainara Khatoon V. Home Secretary 
1979 AIR 1369: 1979 (3) SCR 532; Kartar Singh 
\/. State Of Punjab (1994) 3 SCC 569: 1994 ( 2) 
D 
SCR 375; P Ramachandra Rao V. State Of 
Karnataka (2002) 4 SCC 578 - referred to. 
Case Law Reference 
2001 (6) SCR 783 
Referred to. 
Para 2 
1979 (3) SCR785 
Referred to. 
Para 18 
1991 (3) Suppl. SCR 325 Referred to. 
Para 19 
1979 (3) SCR 532 
Referred to. 
Para 20 
1994 (2) SCR 375 
Referred to. 
Para 21 
(2002) 4 sec 578 
Referred to. 
Para 22 
CIVILORIGINALJURIDICTION: I.A No.16of2013. 
E 
F 
IN 
G 
Writ Petition (Civil) No. 401 of 2015. 
[Under Article 32 of the Constitution of India] 
WITH 
SLP (C) No. 21834 of 2015. 
H 
662 
SUPREME COURT REPORTS 
[2015] 1 O S.C.R. 
A 
Maninder Singh, ASG, C. U. Singh, Subhasish 
Bhowrriick, Anip Sachthey, Bhargava V. Desai, Saumya 
Mehrotra, Parijat Sinha, Kabir Sankar Bose, Sunita Sharma, 
N. K. Karna ii, Dhruv Sharan, Sushma Suri, S. Sheoram, Avijit 
Roy, Vartika Sahary (for Corporate Law Group), Debasis 
B 
Sur, Kailash Chand, Kirti Renu Mishra, Ramesh Babu M. 
R., Swati Setia, Ashok K. Srivastava, B. K. Prasad, B. V. 
Balaram Das, Senthil Jagadeesan, Legal Options, Liz 
Mathew, Sumit Kumar, Samir Ali Khan, Arti Singh, Sajith P. 
Snehasish Mukherjee, Gaurav Sharma, Prateek Bhatia, R. 
C Balasubramanian, Pranav Kumar for the appearing parties. 
D 
The Judgment of the Court was delivered by 
T.S. THAKUR, J. 1. Leave granted. 
2. In Subrata Chattoraj v. Union oflndia & Ors. (2014) 
8 sec 768 this Court directed transfer of cases registered in 
different police stations in the State of West Bengal against 
Saradha Group of Companies and all such cases registered 
E against any other company to the Central Bureau of 
Investigation for a fair and credible investigation including 
investigation if necessary into the larger conspiracy angle and 
the money trail involved in the commission of the offences. By 
the same order we had allowed Writ Petition (C) No.413 of 
F 2013 and Writ Petition (C) No.324 of 2014 and directed transfer 
of cases register
Excerpt shown. Read the full judgment & AI analysis in Lexace.