NDLI: Bimal Gurung Vs. Union of India and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Investigation: Transfer of investigation to independent agency
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974)
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 Dismissed
Headnote	Investigation: Transfer of investigation to independent agency – Exercise of power for transferring investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind or where investigation by the State police lacks credibility and it is necessary for having a fair, honest and complete investigation and when it is imperative to retain public confidence in the impartial working of the State agencies. Investigation: Transfer of investigation to central investigating agency – Writ petition seeking transfer of investigation of all FIRs lodged against the petitioner and other members of Gorkha Janmukti Morcha (GJM) to an independent investigation agency – FIRs relates to various offences under IPC, Prevention of Destruction of Property Act, Arms Act, Indian Explosives Act, WBMPO Act and National Highway Act – Petitioner’s case was that in the light of stand off between the State of West Bengal over the issue of separate State for Ghorkhaland, many prominent leaders and members of GJM were falsely implicated in frivolous cases and there was an imminent threat to their safety and life – Prayer for transfer was on the ground that there was bias and prejudice against petitioner and all members of GJM and the investigation carried out against the members of GJM was clearly politically motivated – Held: The records show that there was sufficient material to indicate the severe damage to life and property in the District of Darjeeling and Kalimpong and the protest was no longer peaceful and democratic – Deaths of several persons which included police personnel is admitted by both the parties – Names of petitioner and other members of GJM appeared in large number of cases – The State is obliged to maintain law and order and protect life and property of the citizens – The cases lodged in the FIR submitted at the instance of the Police or other complainants cannot be discarded on the specious plea that they have been lodged due to bias of the State and with the intent to persecute the petitioner – No bias or mala fide has been pleaded against any individual State functionary or police officer nor any such person has been impleaded in the writ petition so as to consider the allegation of bias – In the facts of the case, it is not a fit case to exercise jurisdiction under Art.32 to transfer the cases en masse to an independent agency. Public functionaries: Duties and powers – The “State” is a political unit vested with constitutional duties and obligations – The Governor of the State formally represent the State in whom the executive power of the State is vested and exercised by him either directly or through officers subordinate to him in accordance with the Constitution of India – Under List II, Entry I of Seventh Schedule of the Constitution, “public order” is a subject allocated to the State – All legislative and executive powers in reference to public order is thus vested in the State – The State functions through its various organs consisting of different personnels and authorities – State functionaries have their own rights and obligations entrusted to them under different Statutes governing the field. Police Administration: Duties and powers – The authorities and police officers, who are entrusted different obligations and functions under the Code of Criminal Procedure, has to act as ordained by the Code – It is an obligation of the police officers to register a First Information Report when they receive any information regarding commission of a cognizable offence – For recording such offences, they are neither required to await any instructions from any authority or State nor they have to abdicate their obligation to register F.I.R. as required by Cr.P.C. Constitution of India: Arts.19(1)(a) and (b) – Right to hold demonstration, limitation – Held: Arts.19(1)(a) and (b) gives constitutional right to all citizens freedom of speech and expression which includes carrying out public demonstration also but public demonstration when becomes violent and damages the public and private properties and harm lives of people, it goes beyond fundamental rights guaranteed under Art.19(1) and becomes an offence punishable under law.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2018 INSC 240
Petitioner	Bimal Gurung
Respondent	Union Of India And Ors.
SCR	[2018] 4 S.C.R. 843
Judgement Date	2018-03-16
Case Number	182

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