Examine the issue of accountability and transparency in state police investigations, with reference to recent High Court interventions ordering CBI probes.
In this answer
Accountability means answerability for how an investigation is conducted; transparency means that the process is visible to the victim and to courts. The Bombay High Court's order of 2 September 2026 transferring the 2020 Disha Salian death case to the CBI [1] shows both remain contested in state policing.
Accountability deficits
- Selective FIR registration: Lalita Kumari (2013) made registration mandatory where information discloses a cognizable offence [2], yet the Salian death was closed as an Accidental Death Report for years without an FIR [1].
- Political influence over local police weakens impartiality, especially where the accused are influential — the very ground on which courts have transferred probes.
- Capacity constraints: high vacancies and multi-tasking by an overburdened force dilute investigative quality [5].
Transparency gaps
- Basic records — such as the post-mortem report — reached the family only after judicial intervention, years later [1].
- Closure decisions are often opaque; the victim's family learns of them without reasons, though a protest petition remains available [1].
- The 2nd ARC's 5th Report, "Public Order", therefore urged separating investigation from law-and-order duties through a specialised state crime investigation wing [6].
High Court intervention: corrective, with limits
- Under Article 226, a High Court may direct a CBI probe even without State consent, otherwise required under Section 6, DSPE Act, 1946 [3][4] — a constitutional check on police inaction.
- But it is an extraordinary remedy: six years elapsed between the death and the transfer [1], the CBI is itself understaffed, and high-profile transfers risk politicisation. Hence the Court directed that no person be treated as accused absent sufficient material [1].
Judicial transfer treats the symptom; the disease is institutional. Implementing the Prakash Singh directions — Police Complaints Authorities, fixed tenures and separation of investigation [5] — alongside the ARC's recommendations would make honest, visible investigation the norm, and CBI transfer a rare exception rather than the victim's only route to the fair-procedure guarantee of Article 21.
Sources
- 1Bombay High Court orders CBI probe into Disha Salian's death — LiveLaw (2 September 2026)ADR classification, delayed post-mortem, CBI transfer, protest-petition liberty, "no accused without sufficient material" safeguard
- 2Mandatory Registration of FIR — Supreme Court Guidelines (*Lalita Kumari*, 2013)compulsory FIR on disclosure of a cognizable offence
- 3Supreme Court eSCR / Judgments Portal — *State of West Bengal v. Committee for Protection of Democratic Rights* (2010)High Court's Article 226 power to order a CBI probe without State consent
- 4Delhi Special Police Establishment Act, 1946, Section 6 — CBIState consent requirement for CBI jurisdiction
- 5Police Reforms in India — PRS Legislative Researchvacancies and overburdened forces; *Prakash Singh* directions
- 6Second ARC, Fifth Report, "Public Order" — DARPGseparation of investigation from law-and-order functions