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The Supreme Court on Friday dismissed a plea filed by 41 police officers challenging the order of the Punjab & Haryana High Court upholding the jurisdiction of the Central Bureau of Investigation, Jammu Branch in investigating the case of Mass Cremation of the dead bodies by the Punjab Police.

A divisional bench of Justice AM Khanwilkar and Justice CT Ravikumar while dismissing the plea said that the CBI has been established by the order of this Court in furtherance of which the jurisdiction lies throughout the Country.

The petition has been filed challenging the order of the P&H High Court stating that the CBI is also bound to the territorial jurisdiction.

The case has arisen after the CBI registered an FIR under Section 364/34 of the Indian Penal Code, 1860 (in short 'IPC') at Jammu & Kashmir on February 28, 1997, regarding the abduction and killing of one Sukhwinder Singh in Amritsar, Punjab and similarly, other connected cases were also registered regarding abduction and killing of innocent persons.

However, Justice Khanwilkar said that, “It is the CBI officer who presents the case, then his seating in whichever office isn't relevant. There are several cases. The investigation is done by one officer, he is then transferred to some other place, later, he comes and presents that charge sheet here doesn't mean that he has no authority.”

The High Court order had said, "in the instant case, once a direction has been issued by the Hon'ble Supreme Court to the Director, CBI, such power vested with him and therefore, the policy decision dated 07.02.1997, conferring jurisdiction of SIU-XVI Branch, Jammu, in view of the direction of the Hon'ble Supreme Court, cannot be said to be illegal in any manner"

The High Court had further stated that "However, with regard to the objections raised by learned senior counsels for the petitioners regarding the manner in which the investigation is conducted and the shortcomings highlighted, it was always open for the petitioners to seek clarification before the Hon'ble Supreme Court as liberty was granted to CBI as well or in the alternative now can move an application under Section 173(8) Cr.P.C., before the trial Court for further investigation, if so advised."

Case Title: Dharam Singh and Ors. Vs. Central Bureau of Investigation and Ors.