Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Investigation Transfer of investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | INVESTIGATION:Transfer of investigation - In the instant case, a social activist had filed PIL for stopping illegal mining in which, name of appellant and his nephew emerged as the power behind illegal mining mafia - They were impleaded as respondents and served - Next day the social activist was brutally killed - Father of activist dissatisfied with the progress of investigation filed writ petition seeking transfer of investigation - High Court initially directed further investigation to be conducted by State under the supervision of the Special Commissioner of Police, Crime Branch - On submission of final report, High Court finding that even further investigation was not impartial, by impugned order, transferred the case to CBI - Transfer challenged by the State - Held: Appellant before the High Court was none other than the father of the deceased - It was a cry for justice made by a person whose son was brazenly murdered - High Court recorded that all the circumstances put together indicated that the investigation was controlled from the stage of registering the FIR and only the clues provided by the accused persons themselves were investigated to close the investigation by filing charge-sheet and further investigation had not served any purpose - Therefore, the investigation with the lapses and lacunae as also the unusual acts of omission and commission did not inspire confidence - After recording the said observation, it was noticed by High Court that the investigation was being transferred to CBI to instill confidence of the general public in the investigation, keeping in mind the seriousness of the case having far reaching implications - No interference with the transfer of investigation to CBI. Transfer of investigation - Rights of accused - Opportunity of hearing and impleadment of accused -Held: Fair, unbiased and transparent investigation is a sine quo non for protecting the accused - It is not necessary to give an opportunity of hearing to the proposed accused as a matter of course - If prior notice and an opportunity of hearing have to be given in every criminal case before taking any action against the accused person, it would frustrate the entire objective of an effective investigation - In the instant case, there was no obligation for High Court to either hear or to make appellant a party to the proceedings before directing that the investigation be conducted by CBI. Transfer of investigation - Adverse remarks recorded by High Court while considering transfer of investigation to CBI - Expunction of - Instant appeal by appellant challenging the remarks made by High Court against him in impugned order on the ground that the said remarks would gravely prejudice his case at trial and praying for rehearing of writ petition and expunction of remarks - Held: High Court observed that investigation all throughout was far from fair, impartial, independent or prompt - Mere mention of the appellant as the prime suspect was not a conclusion reached by High Court - No categorical findings were recorded about the involvement of the appellant in the crime of conspiracy - It was clarified in the impugned judgment that the observations made were only for the limited purpose of deciding whether further investigation was required to be handed over to CBI, and they shall not be construed as expression of an opinion on any particular aspect of the investigation carried out - After recording the said clarification, it was noticed that the investigation was being transferred to CBI to instill confidence of the general public in the investigation, keeping in mind the seriousness of the case having far reaching implications - Adverse remarks recorded by High Court are not expunged - However, trial court is directed to keep in mind that any observations made by High Court, which may appear to be adverse to appellant, were confined only to the determination of the issue as to whether the investigation is to be transferred to CBI. ADMINISTRATION OF CRIMINAL JUSTICE: Held: Essence of criminal justice system is to reach the truth - The underlying principle is that whilst the guilty must not escape punishment; no innocent person shall be punished unless the guilt of the suspect/accused is established in accordance with law - All suspects/accused are presumed to be innocent till their guilt is proved beyond reasonable doubt in a trial conducted according to the procedure prescribed under law.BAIL: Entitlement for - In the instant case, appellant was arrested when he appeared before the CBI in response to the summons - Since then he was in custody - Supplementary charge-sheet filed by the CBI - After the charge-sheet, the appellant was no longer required for further investigation - There was no likelihood of the appellant tampering with the evidence as the copies of all the sensitive statements were not supplied to the appellant - Keeping in view the fact that the CBI has submitted the supplementary charge-sheet and that the trial is likely to take a long time, it is deemed appropriate to enlarge the appellant on bail, subject to conditions of furnishing personal security. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2017 INSC 1063 |
Petitioner | Dinubhai Boghabhai Solanki |
Respondent | State Of Gujarat & Ors. |
SCR | [2014] 3 S.C.R. 932 |
Judgement Date | 2014-02-25 |
Case Number | 92 |
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