Supreme Court of India: Superior courts can order C.B.I probe

A five judge constitution bench headed by Chief Justice of Supreme Court K.G Balakrishnan dismissing an Appeal filed by Government of West Bengal in Midnapore massacre case, ruled that superior courts can order CBI probe into a case without the consent of a state government using their sound descretion despite Law and Order being in the State List and mandatory provisions in Special Police Establishment Act. The Bench evoked powers granted by Article 32 and 226 of Constitution of India which obligates superior courts to protect fundamental rights of citizens. Bench:C.J, K.G Balakrishnan, justices R.V Ravindran, D.K. Jain, P Sathasenam, J.B Panchal. Attorney General: Goolam Vahanvati.

Comment: Indeed as maxim goes: technicalities can be sacrificed at the altar of justice and not the vice-versa