Sushant Singh Rajput Case: Can A Single Judge Bench Exercise Powers Under Article 142 To Order CBI Probe?

Article 142 is a special power vested in the Supreme Court empowering it to pass orders to do complete justice in a case before it.

(File Photo/ Getty)

New Delhi: The Supreme Court bench led by single judge Justice Hrishikesh Roy in its verdict on Wednesday announced that the Central Bureau of Investigation (CBI) will investigate actor Sushant Singh Rajput's death case. The top court ordered for a CBI investigation in the actor's death case under Article 142. While hearing actor Rhea Chakraborty's petition seeking transfer of investigation from Patna to Mumbai, Justice Roy observed that the Bihar government is competent enough to transfer case to CBI for investigation. The court also asked Maharashtra to hand over all the evidence in the case to CBI and assist the probe. Can A Single Judge Bench Exercise Powers Under Article 142? As stated in the reports, Justice Roy while announcing his verdict in the case said, "To ensure public confidence in the investigation and to do complete justice in the matter, this Court considers it appropriate to invoke the powers conferred by Article 142 of the Constitution." Senior lawyer Abhishek Manu Singhvi representing the Maharashtra government raised objections over Roy exercising extraordinary powers under Article 142 of the Constitution. In his argument, the senior lawyer argued that a single judge bench cannot exercise the powers under Article 142 and that it must be a bench having strength of at least two judges. "This power is neither vested in the learned Single Judge vide Supreme Court Notification dated 17th September 2019, nor is it a power arising from or relatable to Section 406 of the CrPC. which alone is entrusted to the learned Single Judge," Singhvi said. To this, the single judge bench junked away the objection and stated, "As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of plenary power in the present matter." "Article 142 uses the words 'Supreme Court in exercise of its jurisdiction' may pass all suitable orders necessary for doing complete justice," Justice Roy said, adding that there is no prohibition under the Constitution for a single judge bench to invoke its authority under Article 142. Article 142 of Indian Constitution: Article 142 is a special power vested in the Supreme Court empowering it to pass orders to do complete justice in a case before it. The Article states: "The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it…"