Rajasthan HC transfers mine equipment theft cases involving ex-minister to CBI

The Rajasthan high court on Tuesday transferred the investigation of two cases in connection with alleged theft of mining machineries in in Bhilwara district involving former revenue minister Ramlal Jat and Arvind Srivastava, the brother of additional director general of police (ADGP) Anand Srivastava, to the Central Bureau of Investigation (CBI), citing serious concerns over the impartiality of the state police due to the involvement of the influential individuals.

The petitioner, mine businessman Parmeshwar Ramlal Joshi, had alleged that heavy mining machinery, including excavators and dumpers worth crores of rupees, was stolen from his site in Raghunathpura as part of a conspiracy. He contended that the investigation was being manipulated to shield the accused.

Justice Farjand Ali, while allowing the petition, noted that although the nature of the case was not complex and could ordinarily be investigated by the state police, the circumstances surrounding the investigation raised serious doubts about its fairness.

The court remarked, “Justice must not only be done but must also be seen to be done,” adding that the complainant had provided substantial grounds to support his apprehension that the probe was being influenced.

The order highlighted how the petitioner had faced persistent hurdles in getting a first information report (FIR) registered, despite approaching multiple authorities, and only after judicial intervention did the police act, albeit with undue delays. Even after the case was registered, the investigation remained superficial, reinforcing doubts about bias.

Referring to the principle of fair investigation as a fundamental right, the court observed, “If the investigation of these two cases is directed to be done by any other agency that is not under the supervision of the state police and politically mighty persons in the state, then the expectation of eliciting the truth behind the allegations would come out.”

The court further stated that it was not pre-judging the veracity of the allegations but ensuring that the probe was conducted in a manner that inspired public confidence.

Considering the involvement of high-ranking officials and politically influential persons, the court directed that the investigation of FIR No. 234/2024 and FIR No. 202/2024 of Karera police station be handed over to the CBI.

It instructed the CBI director to appoint a responsible officer to conduct a fresh and impartial probe and directed the superintendent of police, Bhilwara, to transfer all case records to the central agency. The court also underscored that the investigation must be completed without unnecessary delay, ensuring justice is not obstructed by power or influence.