Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Extra-judicial Executions: Mandamus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of 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 | Application Dismissed |
Headnote | Extra-judicial Executions: Mandamus – Role of Constitutional Courtin monitoring investigations in continuing mandamus – The instantwrit petitions were filed by some police personnel of Manipur Policeaggrieved by certain observations made in EEVFAM case andseeking mandamus for quashing the observations – The prayer ofthe applicants/petitioners was that in view of the observations madein EEVFAM case on 30 th July, 2018, the investigations be monitoredby another set of judges of the Supreme Court – Recusal of thebench was, therefore, sought on the ground that as a result of theobservations said to have been made, the applicants had a realapprehension that either the investigations or the trial would betainted to their prejudice – Held: The apprehension of the applicants/petitioners that justice will not be done to them is misplaced – Thepurpose of a continuing mandamus is only to ensure that there is nointerference during the course of investigations from anybody,whether due to political pressure or executive pressure or any otherpressure that could compromise the investigations – Yet anotherpurpose of a continuing mandamus is to ensure that the InvestigatingOfficer or the Investigating Team does not deviate from the naturalcourse of investigations for whatever reason, either due to pressureor due to a misdirection or some other extraneous reason – This isthe limited role of a Constitutional Court in monitoring investigationsin a continuing mandamus – Consequently, the apprehension thatthe observations said to have been made on 30 th July, 2018 wouldinfluence the SIT is erroneous – Observations made by any courtcannot impact on the investigations as long as they are conductedby professionals – The SIT consist of professionals who will not beswayed by any observations made by any court during the continuingmandamus process – Mandamus. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2018 INSC 1045 |
Petitioner | Lourembam Deben Singh & Ors. |
Respondent | Union Of India & Ors. Etc. |
SCR | [2018] 14 S.C.R. 299 |
Judgement Date | 2018-11-12 |
Case Number | 125554 |
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