Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India - Arts.20 21 and 32 - Remedial intervention - Murder - Entrustment of investigation to an instrumentality other than the local I State police agencies |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India - Arts.20, 21 and 32 - Remedial intervention - Murder - Entrustment of investigation to an C i11stru111entality other than the local I State police agencies - Appellant's husband gunned down in a public place in broad daylight .,- Deceased was a sitting ML.A. of U.P. State Assembly, having defeated respondent no.5, in the bye elections held a few months earlier - In the FIR filed by the appellant soon after the incident, she named respondent no.5 to be the assailant who shot D appellant's husband in the head, being acco111panied by others -At that time, respondent no.4, brother of respondent no.5 ·was a member of the Parliament - Allegation of appellant that respondenr no.4 was involved in the conspiracy to eliminate her husband - Writ petition filed by appellant seeking investigation by CBI into the E incident on ground of perceived involvement of the State administration and the police in particula1; in the perpetration of th"e cri111e and their passive and indifferent disposition in taking steps as required in law - Dismissed by High Court - Held: If investigation is neither effective nor purposeful nor objective nor fair, it would be the solemn obligation of the courts, if considered ·F necessary, to order further investigation or re-investigation as the case may be, to discover the truth so as to prevent miscarriage of justice - No inflexible guidelines or hard and fast rules as such can be prescribed by way of uniform and universal invocation - The decision is to be conditioned to the attendant facts and circumstances G - On facts, notwithstanding pendency of the trial, and availability of power of the courts below u/ss.311 and 391 CrPC rlw s.165 of the Evidence Act, CBI directed to undertake a de-nova investigation in the incident in view of the exceptional features of the case, and in order to rule out any possibility of denial of justice to the parties and 111ore i111portantly to instill and sustain the confidence of thecommunity at large - CBI to submit report before trial court, within six months - Trial court to thereafter conduct and conclude the trial within six months - Criminal law - Investigation. Administration of Justice - Judiciary - Purpose of - Held: A court of lmv has to be an involved participant in the quest for truth and justice and is not expected only to officiate a formal ritual in a proceeding forseeing an inevitable end signaling travesty of justice. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 86 |
Petitioner | Pooja Pal |
Respondent | Union Of India And Ors. |
SCR | [2016] 11 S.C.R. 560 |
Judgement Date | 2016-01-22 |
Case Number | 77 |
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