Swarna Shukla –
Published On: October 3, 2021 at 10:00 IST
The Supreme Court orally observed that when the Central Bureau of Investigation (CBI) is appointed and nominated by the Supreme Court’s Order, then the Jurisdiction is vested in them across the country to investigate that case.
The Order was observed while dismissing a Special Leave Petition (SLP) assailing Punjab and Haryana High Court’s Order that upheld the CBI Branch of Jammu and Kashmir’s Jurisdiction’s of investigating cases of mass cremation of unidentified dead bodies by the Punjab Police.
The case dates back to February 28, 1997, CBI registered under Section 364/34 of the Indian Penal Code at Jammu and Kashmir regarding the abduction and killing of Sukhwinder Singh of Punjab. Many cases of killing innocent persons were too registered.
CBI Jammu and Kashmir prepared a charge sheet and filed it before the Special Judge, CBI Patiala.
The Petitioners challenged the proceedings by CBI Jammu and Kashmir that FIR should have been registered in accordance with the provisions contained in Section 154 Cr. P.C as the offence has been committed in Amritsar, Punjab.
The Public Prosecutor for CBI argued that to cope up with a load of investigation of these cases, the instant case was registered at CBI, SIU.XVI/JMU under the relevant provisions of IPC and not under the provisions of the Ranbir Penal Code. (applied to J&K then.)
The Public Prosecutor further argued that there was no illegality on the part of CBI since the Special Judge CBI had jurisdiction to try all the cases pertaining to the State of Punjab.
Later, Special Judge, CBI Patiala dismissed the Petitioner’s application. Aggrieved by this the Petitioner approached the High Court.
The High Court while dismissing the Petition stated, “The subsequent letter issued by the Director on February 9, 1997, conferring Jurisdiction of SIU-XVI branch could not be illegal in any manner.”
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Appellate Jurisdiction of Supreme Court in Criminal matters