Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Investigation - Entrustment of - To independent investigating agency |
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 Referred Case 5 Referred Case 6 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Investigation - Entrustment of - To independent investigating agency - Murder of political leader - Investigation by State Police, CID and CBI - Dissatisfied with the investigation, writ petition by wife of the deceased seeking investigation by higher authorities of CBI - Alleging that investigation was faulty - Held: In order to ensure that the criminal prosecution is carried on without any deficiency, Court can constitute Special Investigation Team - The courts can also monitor such investigation - The proceedings investigation in the present case was not carried out in a satisfactory manner - Therefore, it is directed that investigation shall be continued by CBI, but shall be monitored' by Joint Director, CBI - The pending Sessions case in Darjeeling, shall be transferred to the Sessions Court in Calcutta - The Calcutta Sessions Court shall be at liberty to approach Supreme Court and seek appropriate Investigation - Deficiency in - Role of Court - Held: If deficiency in investigation. and prosecution is visible or can be perceived by lifting the veil which try to hide the realities or covering the obvious deficiency, courts to deal with the same with iron hands within framework of law.Evidence - Admissibility of - Held: Test of admissibility of evidence lies in its relevancy - Evidence placed as a result of even an illegal search orĀ· seizure is not liable to be shut out, unless there is an implied or express prohibition in the constitution or other law - In the facts of the case, plea objecting to the reliance on intercepted transcription of the telephonic conversation on the ground of its being violative of constitutional rights and being in violation of s. 5 of Telegraph Act r/w. r.419(A) of Telegraph Rules, is not correct as investigation has not yet concluded and truthfulness or otherwise of the intercepted conversation is yet to be ascertained by Forensic report. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 698 |
Petitioner | Bharati Tamang |
Respondent | Union Of India & Ors. |
SCR | [2013] 14 S.C.R. 525 |
Judgement Date | 2013-10-08 |
Case Number | 159 |
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