Supreme Court confirms CBI probe into the mysterious death of former Andhra MP’s close confidant

The Supreme Court upheld the High Court’s discretion to shift an investigation from the police to the CBI. File
| Photo Credit: The Hindu

The Supreme Court has confirmed a Karnataka High Court direction for a Central Bureau of Investigation (CBI) probe into the mysterious death of K. Raghunath, a realtor with huge assets in Bengaluru and a close confidant of former Andhra Pradesh MP and Chairman of the Tirumala Tirupati Devasthanams (that manages the Sri Venkateswara Swamy Temple) D.K. Adikeshavalu, in 2019.

“The fact remains that the truth surrounding the death of K. Raghunath needs to be settled after a complete and fair investigation by the CBI which, in the facts and circumstances of the present case, has rightly been directed by the High Court,” a Bench of Justices Dipankar Datta and Prashant Kumar Mishra observed.

The facts of the case show that Adikeshavalu died in 2013, following which a dispute arose between Raghunath and the children of the former MP regarding the ownership of certain properties. Raghunath maintained he was the full owner of the property. In 2019, the realtor was found dead under mysterious circumstances. The High Court found glaring defects in the investigation, and in 2022, ordered the case to be probed by the CBI.

The High Court order was appealed in the top court. The appellants, the family members of Adikeshavalu, were represented by senior advocate Aman Lekhi, Mahalakshmi Pavani and advocate Tomy Chacko. Senior advocates Mukul Rohatgi, Dushyant Dave and advocate Mahesh Takur appeared for the Raghunath family, the respondents.

The Bench, in a recent judgment, directed the CBI to conduct the investigation within eight months. The chargesheet, if any, has to be submitted by the CBI in the jurisdictional Special Court in Karnataka.

The Supreme Court upheld the High Court’s discretion to shift an investigation from the police to the CBI.

“Once an FIR is registered and investigation has taken place, direction for an investigation by the CBI is not open to challenge by the prospective suspect or accused. The matter for entrusting investigation to a particular agency is basically at the discretion of the court,” Justice Mishra held.

Justice Mishra said a constitutional court is vested with the extraordinary power to direct CBI investigation in exceptional cases, depending upon the facts and circumstances of the case. However, this power must not be used as a matter of routine.