When the accused specifies who should conduct the investigation, it creates concerns, the Supreme Court division bench chaired by Justices Dinesh Maheshwari and Hrishikesh Roy stated on January 12.

Orally seen on a Bench, "when there's a single word itself from the accused as to who is to investigate the case, that raises a serious question".

The Allahabad High Court's judgement directing the transfer of an investigation into a dowry-death case was being challenged in an SLP filed by the Central Bureau of Investigation at the time the court made this comment.

The CBI argued that the High Court had overlooked the absence of any unique circumstances in the current case that would have justified handing off the investigation to the CBI.

"The allegations are only against the husband and the in-laws of the deceased relating to the mental and physical torture and harassment meted out by them to the deceased".

Since the CBI's senior counsel was unavailable, Advocate Ashima Gupta delivered arguments on their behalf. She stated that the High Court made a grave mistake by shifting the investigation on the solitary pretext that the State government didn't adhere to the proper protocol while conducting it.

The accused's attorney then interrupted the bench as it was dictating its order after hearing the submissions. He said that since the State government was already looking into the situation, there was no need for a CBI investigation.

"There are no detailed reasons in the order impugned for which the High Court said transfer to CBI. Originally, such transfers of investigation should be the matter of course, only with circumspection. But in the peculiar facts of the case, we are disinclined to interfere in the order."

Additionally, it requested that the state government submit the pertinent records within a week and that the CBI wrap up the probe as soon as possible.

The Bench praised Gupta for his persuasive argument after passing the ruling.

"Appreciation is for young lawyers. You need to work and contribute. You have to earn it with your performance", stated the Bench.

As the proceedings came to a close, the Bench reiterated that it is uncomfortable with decisions directing the transfer of cases solely on the basis of suspicion. However, there isn't a choice in some unique situations.

Case Title: CBI vs Deshraj Singh and Ors
Citation: SLP (Crl) No. 9275/2019