Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Investigation Fairness and propriety of Requirement for |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Investigation- Transfer of- From local police to Central Bureau of Investigation (CBI) - In the case of mysterious death of a college girl - Sought by the father of the girl (petitioner)-Alleging that the death was result of ragging by the senior students and that there were deficiencies and contradictions in the findings of the investigating agency - Held: Per Majority: In view of sensitivity of the case and the circumstances pointed out by the petitioner, the investigation needs to be transferred from local police to CBI - Per Minority: In the present' case, the materials show that proper investigation was conducted by the local police - Handing over of instigation to CBI can be done only in exceptional circumstances - There is no special situation in the present case warranting investigation by CBI.Investigation- Fairness and propriety of- Requirement for - Held: Per Thakur, J. : In an adversarial system of administration of justice, fairness of investigation is the very first requirement for the fairness of a trial.Investigation- Transfer of - From one agency to another - Criteria for - To be adopted by the Court - Held: Per Thakur, J. : The court, in exercise of its extra-ordinary power should transfer the investigation only when there is reasonable apprehension about justice becoming a victim because of shabby or partisan investigation - The sensibility of the victims or their next kin is not wholly irrelevant - The hallmark of a transfer is the perceived independence of the transferred more than any other consideration. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 1040 |
Petitioner | Mithilesh Kumar Singh |
Respondent | State Of Rajasthan |
SCR | [2014] 13 S.C.R. 1362 |
Judgement Date | 2014-12-11 |
Case Number | 240 |
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