Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Investigation/inquiry |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | 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 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Investigation/inquiry: Allegation against high police officials and senior politician - Filing of charge-sheet by the , State. agency - Writ petition seeking investigation· by specialised agency - Held: In an appropriate case, particularly, when the court feels that the investigation by the State police authorities is not in the. proper direction as the . high police officials are involved, in order to do complete justice, "it is always open· to· the Court to 'hand over the investigation ·to an independent and specialised ·agency like the CBI even when charge sheet is submitted - in the instant · case, the petitioner sought transfer of case 'to CBI investigate fake encounter killing of her son (victim) -'It was the definite case of the CBI that the' abduction of 'S' and 'K; the associate of victim and their subsequent murders as well as the murder of the victim were one series of acts, so connected together as to form the same transaction ills. 220, Cr. P. C. and if two parts of the same transaction were investigated and prosecuted by different agencies,; it might' cause failure of justice not only in one case but in other trial as well - ·There was substantial material already on record which made it probable that the prime motive of elimination of victim was that he was a witness to abduction of 'S' and 'K.' - Evidence raised strong suspicion that the encounter was G fake and stage managed as predicted by victim prior to his death - Much before the incident of alleged fake encounter, complaints were lodged by victim in writing to the Collector and to the NHRC expressing the apprehension that he was likely to be killed by Gujarat and Rajasthan police - It is the age old maxim that justice must not only be done but must be seen to be done - The fact that senior police officials and a senior politician were accused may shake the confidence of public in investigation conducted by the State Police - The s analysis of the materials showed several lacuna on the part of the investigation by the State Government - In view of circumstances and in the light of the involvement of police officials of the State of Gujarat and police officers of two other States, i.e. Andhra Pradesh and Rajasthan, it is not desirable c to allow the Gujarat State Police to continue with the investigation - Accordingly, to meet the ends of justice and in the public interest, the CBI is directed to take over the investigation - Police Authorities of the Gujarat State are directed to handover all the records of the case to the CBI.Criminal trial: Transfer of investigation to CBI ordered by the Supreme Court - Submission of report by CBI and subsequent monitoring - Held: Once a charge sheet is filed in the competent court after completion of the investigation, the process of monitoring by the Supreme Court for the purpose of making the CBI and other investigating agencies concerned perform their function of investigating into the offences concerned comes to an end - Thereafter it is only the court in which the charge sheet is filed which is to deal with all matters relating to the trial of the accused, including F matters falling within the scope of s. 173(8) Cr.P.C. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 285 |
Petitioner | Narmada Bai |
Respondent | State Of Gujarat And Ors |
SCR | [2011] 5 S.C.R. 729 |
Judgement Date | 2011-04-08 |
Case Number | 115 |
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