Extraordinary Power - The Legal Chamber

This Supreme Court ruling clarified that High Courts cannot direct a Central Bureau of Investigation (CBI) probe merely on "doubt" or "assumption." Such an extraordinary power under Article 226 must be exercised sparingly and only in exceptional cases where material prima facie discloses a cognizable offence, ensuring investigative credibility and protecting fundamental rights. Facts Of The Case: The case originated from writ petitions filed before the Allahabad High Court challenging the 2020 recruitment process for Class-III posts in the Uttar Pradesh Legislative Council and Assembly Secretariats. The petitioners, unsuccessful candidates, alleged the selection was arbitrary, unfair, and involved favoritism by the private external agency conducting the exams. They soug...

The Supreme Court of India, in Dhanyam v. State of Kerala & Ors., set aside a preventive detention order, emphasizing that such extraordinary power must be used sparingly and only in situations affecting "public order," not merely "law and order". The Court reiterated that if a detenu is on bail and allegedly violating conditions, the State should seek bail cancellation rather than resorting to preventive detention. Facts Of The Case: The appeal originated from a High Court of Kerala judgment dated September 4, 2024, which affirmed a preventive detention order issued on June 20, 2024, by the District Magistrate, Palakkad. The detenu, Rajesh, the appellant's husband, runs a registered lending firm named 'Rithika Finance'. The detention order, issued under Section 3(1) of the Kerala ...

Tag: Extraordinary Power

Supreme Court Reins in High Court’s Suo Motu CBI Inquiry in Recruitment Case