NDLI: S.k. Viswambaran Vs. E. Koyakunju & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Sessions Judge passed ~ strictures against police officials concerning investigation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Criminal Procedure Code, 1973--,s. 482-Sessions Judge passed strictures against police officials concerning investigation-High Court approached for expunction of adverse remarks-Scope of Inquiry- Limited only to the bona fides of action of Petitioners before High Court-Adverse remarks made by High Court against another Police Officer conducting investigation without hearing him-Principles of natural justice--Opportunity to be given before adverse remarks made--Tests for making adverse remarks-What are-Whether followed in the instant case-High Court's order-Validity of.The Sessions Judge while acquitting the accused of the charge under s.302 IPC entertained serious doubts about PW 16 (Respondent No. 2.), the Inspector of Police, who partly investigated the case, carrying out the cellophone tape test to lift any fibres of coir sticking to the plams of the deceased and sending the tapes to the Forensic Science Laboratory and the bona fides of the exercise. On the basis of the suspicions features mentioned in his judgment, the Sessions Judge made severe adverse remarks against PW 16 (Respondent No. 2.) DW 2 (Respondent No. 3) and another policeman and observed that the conduct of these officials was highly open to suspicion, that a full-fledged enquiry should be held against them and that "otherwise indiscipline and the tendency to tamper with official documents and create false documents will set at naught the very purpose of having a police establishment."The Inspector PW 16 (Respondent No. 2) and the Head Constable PW 2 (Respondent No. 3) filed petitions before the High Court for expunging the adverse remarks made against them. A Single Judge without making any examination of the conduct of the petitioners before him and without considering whether the features noticed by the Sessions Judge warranted the adverse remarks or not went at a tangent and put the appellant, a Deputy Suptd. of Police (PW 17), who bad also investigated the case from 26.11.80 to 5.11.81, in the dock for having failed to place before the Court the scientific materials which PW 16 (Respondent No. 2) had obtained in the course of investigation to find out whether the death of the deceased was due to suicide or homicide. The learned judge observed that PW 16 (Respondent No. 2) and DW 2 (Respondent No. 3) bad acted in a blemishless manner and the report of the Forensic Science Laboratory had been obtained through bonafide investigative process and it was the appellant who had schemingly kept back the crucial records from the notice of the Court in order to secure a conviction unjustly against the accused and as such the appellant should be raprimanded in no uncertain terms. Stung ht the remarks made against him without even a hearing, the appellant preferred the instant appeal to seek expunction of the remarks.
Judge	Hon'ble Mr. Justice S. Natarajan
Neutral Citation	1987 INSC 68
Petitioner	S.k. Viswambaran
Respondent	E. Koyakunju & Ors.
SCR	[1987] 2 S.C.R. 501
Judgement Date	1987-03-03
Case Number	109

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S.k. Viswambaran Vs. E. Koyakunju & Ors.

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