Prima Facie Bias Or Mala Fide Exercise Of Power By State Authorities Necessary For Transferring A Case To CBI: Calcutta High Court

Calcutta High Court observed that the court is empowered to transfer an investigation to Central Bureau of Investigation (CBI) only where there is specific instance of bias or mala fide exercise of power on the part of State authorities. Justice Moushumi Bhattacharya was dealing with the issue of investigation of death of one Ulen Roy who was killed during a Yuva Morcha in Siliguri last year. The unfortunate accident of firing that took place on 7th December 2020 claimed the life of Ulen Roy who participated in the procession. The complaint was thereafter filed on 9th December 2020. Subsequently, the matter was handed over to the Criminal investigation Department (CID) on 10th December 2020. According to the petitioner, the death occurred due to unusual happenings and also contended that the post mortem that was conducted was done in “unseemly haste and in the dead of night.”