Custodial Death Case Warranted CBI Probe: Andhra Pradesh High Court
Why in news?
The Andhra Pradesh High Court ruled that the Sai Krishna custodial death case presented an 'extraordinary situation' necessitating a Central Bureau of Investigation (CBI) probe, asserting the High Court's power under Article 226.
Key points
- State has a duty to enforce human rights and ensure fair investigations.
- Custodial torture is a violation of human dignity.
- High Court can direct CBI probe even in state jurisdiction cases, overriding Special Police Act limitations.
- The court's power under Article 226 is not curtailed by the Special Police Act.
- Judicial review does not infringe upon separation of powers or federal structure.
Background & context
The Central Bureau of Investigation (CBI) is India's premier investigative agency. The Special Police Act, 1946, governs the powers and jurisdiction of the Delhi Special Police Establishment (DSPE), which functions as the CBI. Article 226 of the Constitution empowers High Courts to issue writs for the enforcement of fundamental rights and for other purposes.
★ Prelims fact capsule
The Gade Sai Krishna case involved a custodial death in Andhra Pradesh.
✎ Mains relevance
GS Paper II: Polity, Judiciary, Human Rights; GS Paper IV: Ethics (related to police accountability).