The Supreme Court on Wednesday said that while it does indeed have the ability to transfer a probe to the Central Bureau of Investigation (CBI) or even form a Special Investigation Team (SIT), such a power should only be exercised sparingly and in extraordinary situations.
A Bench headed by Chief Justice of India D.Y. Chandrachud was addressing a plea to transfer the investigation into Hindenburg Research’s allegations against the Adani group from the Securities and Exchange Board of India (SEBI) to the CBI, or to constitute a SIT.
Chief Justice Chandrachud said that courts should not ordinarily supplant an authority which has been vested with the power to investigate. “Such powers must not be exercised by the court in the absence of cogent justification indicative of a likely failure of justice,” the judgment clarified.
