Jaipur: Rajasthan High Court’s principal seat at Jodhpur has directed that central investigating agencies such as CBI, Central Bureau of Narcotics (CBN) and Narcotics Control Bureau (NCB) must be impleaded as parties in court cases arising from investigations and prosecutions conducted by them, and ordered an end to the routine practice of making state govt a party when it has no direct role.In an order dated Nov 5, the single bench of Justice Farjand Ali said state govt was “often unnecessarily included as a party” in matters investigated and prosecuted by central agencies, and that copies of petitions were “routinely sent to the state public prosecutor” even when the state was not conducting the prosecution. “This practice is incorrect and results in unnecessary legal complications and delays,” the court observed.The court directed the High Court Registrar (Judicial) to ensure that the central investigating agency concerned is made a party before such cases are registered. It said the registry must scrutinise petitions at the filing stage to confirm that the agency responsible for the investigation and prosecution is properly included.It clarified that the state govt should be impleaded only when it has a “necessary or relevant role” in the matter, and that copies of petitions should be served on the authorised representatives of the concerned central agency rather than routinely sent to the state public prosecutor.The directions were issued while hearing three connected criminal revision petitions involving parties from Jaisalmer, including petitions by Sawai Singh and Prakash Chandra, and a petition by the Union of India through CBI. Noting that the CBI was handling the investigation and prosecution, Justice Ali directed advocate PC Solanki, appearing for the agency, to represent it as the respondent, and ordered that the matter be listed after two weeks.
