Transfer of investigation to CBI : Only be directed in rare and compelling circumstances

Supreme Court Quashes Rajasthan High Court Orders in Joshi Case. Apex Court Finds Error in Recall of Orders and Denies Transfer of Investigation to CBI

The Supreme Court of India has overturned two controversial orders from the Rajasthan High Court that had previously recalled and modified its own decision to transfer the investigation of two FIRs involving Parmeshwar Ramlal Joshi to the Central Bureau of Investigation (CBI). The apex court, presided by Justices Vikram Nath and Sandeep Mehta, ruled that the High Court lacked jurisdiction to review or recall its orders, citing the absence of clerical or typographical errors in the original decision.

The legal proceedings stemmed from accusations made by Joshi, a granite mining businessman, against several individuals, including a former cabinet minister, alleging threats and coercion over business dealings. Joshi had initially filed a writ petition seeking the transfer of investigation to an independent agency due to alleged political influence and bias in local police investigations. However, after his petition was dismissed as withdrawn, he filed another application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking similar relief.

The Rajasthan High Court initially disposed of the petition without granting the transfer, offering limited relief of submitting a representation to the Superintendent of Police for fair investigation. Shortly thereafter, Joshi filed a miscellaneous application requesting modification of the order, claiming inadvertence and clerical mistakes in addressing the relief sought. The High Court then recalled its previous order and directed the transfer of investigation to the CBI, which was challenged by the State of Rajasthan in the Supreme Court.

The Supreme Court's judgment emphasized that inherent jurisdiction under Section 528 BNSS [Section 482 CrPC] cannot be invoked to review or modify orders without clerical errors. The Court reiterated that a criminal court cannot recall or review its judgment except for rectifying clerical or typographical errors, as established in previous rulings.

By overturning the High Court’s orders, the Supreme Court has reinforced the legal boundaries regarding the scope of inherent powers under BNSS, upholding procedural integrity and preventing misuse of jurisdiction. The judgment allows Joshi to explore other legal avenues to challenge the earlier High Court order as per law, if desired.

Bottom Line:

High Court has no jurisdiction to recall or review its own order under Section 528 BNSS [Section 482 CrPC] unless there is a clerical or typographical error. Invocation of inherent jurisdiction to review an earlier order is impermissible.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 528 and 403

State of Rajasthan v. Parmeshwar Ramlal Joshi, (SC) : Law Finder Doc id # 2790914