Statutory limits cannot curtail Article 226 power to order an investigation, Kerala High Court holds

27 October 2026

Justice A. Badharudeen of the Kerala High Court has held that statutory restrictions cannot curtail the High Court's power under Article 226 of the Constitution to direct the registration of an FIR or an investigation where the material before it shows a cognizable offence. The ruling came in M.R. Ajayan v. The Director, CBI and Anr., WP(Crl.) 570 of 2026, reported as 2026 LiveLaw (Ker) 602. The Court held that Section 6 of the Special Police Act, which restricts the Central Bureau of Investigation's power to investigate, and the hearing requirements under Sections 175 and 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, are not an absolute bar to a writ directing an investigation; nor does the fact that a person has not been impleaded or heard prevent the Court from ordering an investigation against that person where the material shows a cognizable offence. The Court relied on the Constitution Bench decision in State of West Bengal v. Committee for Protection of Democratic Rights (2010), which recognised the power of constitutional courts to direct investigations despite statutory limits on investigating agencies. On the facts, the Court declined the specific relief sought, finding the material did not implicate the four individuals named by the petitioner, and left the investigating officer free to proceed against anyone if relevant material emerges. The petition was disposed of.