Is CBI Being Used For Political Battles? Supreme Court Questions In A Jharkhand case

Is the CBI (Central Bureau of Investigation) using its machinery in political matters? The central investigative agency ought to be neutral in any kind of investigation it undertakes, but Chief Justice of India (CJI) B R Gavai has asked CBI why it is using its machinery in political matters, in a recent hearing at the Supreme Court.

The Case

The Supreme Court on Tuesday (18th November) refused to consider a plea by the CBI for its nod to initiate a preliminary enquiry into the allegations of irregularities in appointments and promotions in the Jharkhand Assembly Secretariat.

A bench comprising CJI B R Gavai and Justice K Vinod Chandran questioned why the central agency was using the machinery in “political battles”. The court was hearing an interim application of the CBI seeking the nod to initiate a preliminary enquiry.

The Supreme Court on Tuesday questioned why the Central Bureau of Investigation (CBI) was being deployed for what it described as political confrontations, while hearing a plea seeking an investigation into appointments made to the Jharkhand Vidhan Sabha.

A bench led by Chief Justice of India BR Gavai was hearing petitions challenging the Jharkhand High Court’s 2024 order directing a CBI probe into alleged irregularities in recruitment and promotions within the state Assembly. The Supreme Court had already stayed that order in November, and the Jharkhand government has separately appealed against it.

During the hearing, the CBI’s application seeking permission to begin a preliminary inquiry came up for consideration. The bench made it clear it was unwilling to allow such a move.

Addressing the Centre’s counsel, CJI Gavai remarked, “Why do you use the machinery for your political battles? We have told you this many times.” The bench reiterated that it was not inclined to hear the agency’s plea.

Senior advocate Kapil Sibal, appearing for the Assembly Secretariat, said it was disturbing that the CBI often appeared before the court even before matters were formally listed. Additional Solicitor General S.V. Raju, representing the CBI, responded that the agency only intervenes when there is an alleged offence. The court, however, remained unconvinced.

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