Blitz Bureau
NEW DELHI: The Calcutta High Court has declined to pass any interim order for a Central Bureau of Investigation (CBI) probe into the chaos witnessed recently at the Salt Lake Stadium during football icon Lionel Messi’s visit, reported Bar and Bench. A Division Bench of Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen noted that the police investigation and the enquiry led by a former High Court judge are at a preliminary stage and that no material was placed before it to establish that investigation or enquiry is vitiated.
Commenting on the constitution of a Special Investigation Team (SIT) by the State, the court pointed to the settled law that investigation is the statutory right of the police. It added that the probe cannot be handed over to the CBI on the mere asking of a party.
“It could not be established that members of SIT had any interest in the event in question and for this reasons also, we are not inclined to interfere into investigation at this stage. This is trite that investigation/enquiry cannot be directed to be transferred to CBI or to any other agency on mere asking or merely because a party has levelled allegations,” the court said. It also observed that Section 11 of Commissions of Enquiry Act, 1952 is wide enough gives and powers to the State Government to appoint a committee. “Thus, prima facie we are unable to hold that appointment of enquiry committee by said Gazette is bad in law. Thus, on this account, the question of granting interim relief does not arise,” the Court said.
The court made these observations in an interim order passed on petitions seeking an impartial and court-monitored probe into the December 13 incident.
