Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | State Police to CBI De novo investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Investigation: De novo investigation – Writ Petition before Supreme Court seeking transfer of criminal case from State Police to CBI – Alleging several deficiencies in the investigation – On direction by Supreme Court to conclude the investigation within stipulated time, police filed Closure Report – Held: A fair investigation is as much a part of Constitutional right guaranteed u/Art. 21 of the Constitution as a fair trial – The Constitutional Court has power to direct de novo investigation in exceptional circumstances in order to prevent miscarriage of justice – In the facts and circumstances of the case, entire investigation and the closure report lack bonafide – The interest of justice requires a de novo investigation, to sustain the confidence of the society in the rule of law – Therefore, the Closure Report is set aside and de novo investigation is directed to be conducted by a fresh team of investigators of State police – Constitution of India – Art. 21. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 549 |
Petitioner | Neetu Kumar Nagaich |
Respondent | The State Of Rajasthan And Others |
SCR | [2020] 6 S.C.R. 1015 |
Judgement Date | 2020-09-16 |
Case Number | 141 |
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