“If the State had done its job properly, then CBI investigation would not be required”, Justice Lokur

The Supreme Court today transferred the probe into 17 cases concerning the sexual abuse and mental torture of children in the Shelter Homes in Bihar to the Central Bureau of Investigation (CBI)..The report of Tata Institute of Social Sciences (TISS) had flagged about 15 shelter homes in Bihar as having grave concerns. This list included the Muzaffarpur Shelter Home..While the probe in the Muzaffarpur Shelter Home is already with the CBI, the Court transferred the investigation in the rest of the shelter homes as well..After seeing unsatisfactory progress by the Bihar State Police, the Bench of Justices Madan Lokur, S Abdul Nazeer and Deepak Gupta had yesterday expressed an inclination to transfer this case to CBI. Accordingly, Special Public Prosecutor K Raghavacharyulu was directed to take instructions..Today, the CBI told the Court that considering the restraint imposed on the Acting Director of the CBI from taking any policy decisions in the wake of the CBI infighting reaching the Apex Court, the CBI may not be empowered to initiate a new investigation..However, the Bench noted that taking up an investigation has nothing to do with the Court’s order in the Alok Verma case. Raghavacharyulu was then asked by the Court to take instructions again..The CBI submitted that in principle, the agency is agreeable to taking up the investigation. However, Gopal Singh, appearing for Bihar, requested the Court to grant him indulgence to file a report in the case and further requested for the case not to be transferred to the CBI..“If the State had done its job properly like it was supposed to, then CBI investigation would not be required”, Justice Lokur remarked..The Court thus transferred the investigation to the CBI and held that pending the probe, no officer of the investigating team can be transferred without the prior permission of the Court. The State of Bihar is also directed to provide any assistance sought by the CBI in this case..The case will hear the case next on December 12.