TARUNJYOTI TEWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) As questions of law we take into account two arguments. First, the submission of the Learned Advocate General that taking cognizance of, making an investigation into an alleged offence and starting prosecution for it is a state-subject over which it has exclusive power.

(2.) Secondly, the judgment cited by Mr. Bikash Ranjan Bhattacharya, learned senior advocate for some of the petitioners, Subrata Chattoraj Vs. Union of India and Others connected with Alok Jena Vs. Union of India and Others, reported in (2014) 8 SCC 768 which, inter alia, lays down that the High Court and the Supreme Court are vested with powers to order investigation of a matter by the Central Bureau of Investigation, in specific cases, when, inter alia, the alleged offence is part of "a larger conspiracy" involving very influential and powerful persons in the state, having a direct impact on the investigating machinery and process. In that situation, the court will intervene and hand over the investigation to the Central Bureau of Investigation for an impartial investigation.

(3.) The case at hand is a very unique one. Nothing similar to this is in public memory. One Debanjan Deb with the aid and assistance of some collaborators was running diverse fake Covid-19 vaccination camps and had vaccinated numerous persons.