The Delhi High Court has emphasized that transferring a criminal investigation from one agency to another should only occur in rare and exceptional circumstances, as such transfers can undermine the morale of the police.

The Court made this observation while dismissing petitions seeking to transfer an investigation into a cheating case to a superior agency, such as the CBI or Special Cell.

Justice Subramonium Prasad stated that mere allegations against an investigating officer are not enough to justify a transfer of investigation. He explained that transfers typically happen in cases involving high-level state authorities, and there must be substantial evidence to show that an investigating officer is involved with the accused for a transfer to be considered. 

The case, which involves accusations of siphoning off funds from homebuyers and investors, was being probed by the Economic Offences Wing of Delhi Police.

The petitioners, accused of being involved in the fraud, sought the transfer of the investigation to a Special Investigative Team (SIT) headed by a retired judge or another superior agency. They argued that such a move would ensure a more thorough investigation.

However, the Court ruled that the current investigation was satisfactory and that no evidence had been presented to suggest that the police had been negligent in their work. The Judge also noted that the petitioners failed to demonstrate any victimization due to pressure from the complainants, who were homebuyers and investors.

The Court referred to the Supreme Court’s guidelines, which dictate that investigations can only be transferred if it is clear that the probe is neither fair nor complete. Ultimately, the Court concluded that transferring the investigation would harm the police’s morale, which must be avoided at all costs.