The Delhi High Court, in a significant observation, stated that transferring investigations between agencies occurs only under rare and exceptional circumstances, underscoring the importance of maintaining police morale. The remark came as the court dismissed petitions seeking the transfer of a fraud case investigation from the Economic Offences Wing of Delhi Police to either the CBI or a Special Cell.
Justice Subramonium Prasad emphasized that mere allegations against an investigating officer do not warrant such a transfer unless substantial evidence indicates complicity with the accused. “Investigations are transferred only in cases involving high state officials or when substantial material questions the integrity of the officers involved,” Justice Prasad noted in his ruling on February 6.
The petitions arose from allegations that funds from homebuyers and investors were improperly diverted, with the Economic Offences Wing conducting a detailed investigation to trace the siphoned monies. The petitioners had argued for the case to be overseen by a Special Investigative Team (SIT) or a higher authority, claiming inadequacies in the current probe.
However, the court concluded that the ongoing investigation met the stringent criteria set by the Supreme Court for fairness, honesty, and thoroughness. “The investigating agency has shown diligence and thoroughness in their proceedings, and there is no evidence to suggest a lackadaisical approach,” the judge declared.
The court also addressed the petitioner’s concerns of victimization due to pressure from the complainants, noting the complainants were primarily vulnerable investors and homebuyers who had invested heavily in the accused’s projects. The judge ruled out any bias or unfair treatment towards the petitioners by the investigating team.
