Jharkhand High Court Directs Transfer of Investigation to CBI in Case Alleging Misconduct by ED Officials
WP (Cr) No. 52//2026
By Rishika Sinha
The Jharkhand High Court has directed the transfer of investigation to the Central Bureau of Investigation (CBI) in a case involving allegations against officials of the Enforcement Directorate (ED), emphasizing that a fair and independent investigation is essential where serious institutional concerns arise. The matter was heard in W.P. (Cr.) No. 52 of 2026, filed by officials of the Directorate of Enforcement, Ranchi, seeking quashing of Airport P.S. Case No. 5 of 2026, or in the alternative, transfer of investigation to an independent agency.
At the outset, the case witnessed a significant procedural development, as the matter was released from one Bench on the ground of recusal, and was subsequently placed before Justice Sanjay Kumar Dwivedi for hearing. The recusal, though not elaborately reasoned in the order, underscored the sensitivity of the matter involving central agency officials and high-profile allegations. The FIR in question was registered on the basis of allegations made by an informant who was himself under investigation in a money laundering case. He accused ED officials of misconduct during the course of investigation.
The ED officials/Petitioners contended that the FIR was malicious and retaliatory, filed with the intent to obstruct ongoing investigations into a large-scale financial scam involving approximately ₹23 crore. It was submitted that the informant was an accused in multiple cases and had made disclosures implicating influential persons, thereby providing motive for a counterblast FIR. It was further argued that the incident had been distorted, and that the informant had appeared voluntarily before the ED and had allegedly caused injuries to himself. According to the petitioners, the FIR was registered in haste by the State police, allegedly under external influence, and no cognizable offence was made out.
The State opposed the plea, asserting that investigation of offences falls within its domain and that the allegations required factual examination through the regular investigative process. It was argued that transfer to the CBI should not be ordered lightly. On the other hand, submissions on behalf of the Union of India and the CBI highlighted that where allegations are levelled against officials of a central agency engaged in sensitive investigations, and circumstances indicate possible bias or conflict, the Court is empowered to ensure an independent probe.
Justice Sanjay Kumar Dwivedi, upon examining the record, noted that the Directorate of Enforcement, Ranchi was dealing with high-profile investigations involving influential political figures and senior officials, and that the informant was directly connected to such proceedings. The Court observed that the circumstances surrounding the registration of the FIR, coupled with the nature of allegations and the parties involved, created a reasonable apprehension regarding the fairness of investigation by the State police. It further noted that the case involved allegations against officials of a central agency, thereby requiring a higher degree of institutional neutrality. Emphasizing that justice must not only be done but must also be seen to be done, the Court held that the matter presented exceptional circumstances warranting transfer to an independent agency.
Accordingly, the High Court directed that the investigation in Airport P.S. Case No. 5 of 2026 be transferred to the CBI. The Director, CBI was directed to register the case and proceed in accordance with law, and the State authorities were directed to hand over all records forthwith. The writ petition was partly allowed, limited to the extent of transfer of investigation to the CBI.
