TMI Blog1979 (11) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... stance of the judicial machinery is sought for an unwarranted encroachment into the field of activity reserved for the other branch of Government, more so, when extraordinary power conferred on the High Court to issue prerogative writ in aid of justice is invoked to thwart a possible detection of a suspected offence. How dangerous it is to rush in where one should be wary to tread is amply demonstrated by the facts revealed in these two appeals. Factual matrix will highlight the situation. Thought the point canvassed centres round the limit of jurisdiction to interfere with the investigation of an offence registered at a police station, to pin-point the contention, relevant facts may be stated with circumspection, as the case is subjudice because any overt or covert expression of opinion on the facts in controversy awaiting adjudication may be censured as judicial impropriety. Tata Iron Steel Co. Ltd., ( TISCO for short), has a railway siding at Adityapur in Tatanagar. A ferro Manganese Plant has been set up by TISCO at Joda, for which the nearest railway head is Banaspani in Orissa. TISCO has its iron ore and manganese mines at Naomundi. Ore is being transported from Bana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Secretary of the State of Bihar, complaining about the harassment suffered by the officers of TISCO pursuant to the investigation carried on by railway police under the supervision of respondent 6 and requesting him to take whatever steps the Chief Secretary considered appropriate to curb the enthusiasm of respondent 6 in carrying on the investigation of the offences. It appears from the reply affidavit filed by M. J. Basha, an officer of TISCO, that on June 16, 1977, the very day the resident representative handed over his letter to the Chief Secretary, Cabinet took the decision to transfer respondent 6. It is necessary to refer to this fact to evaluate a submission that even though respondent 6 was transferred he directed a charge-sheet to be submitted despite the fact that the investigation was incomplete and that this conduct would provide demonstrable proof of his malice and mala fides. It appears that one Shri R. H. Modi who was required by the investigating officer to appear before him made some enquiry by his letter dated November 4, 1977, which appears to have been copied to some higher police officers and in the margin of this letter there is an endorsement by respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry thereafter submitted a further note to the Chief Minister on February 8, 1979, stating therein hat the C.B.I. is not in a position to take up the investigation and that the I.G.,Vigilance, is recommended for investigation and, therefore, the Chief Minister was requested to pass an appropriate order directing I.G., Vigilance to get the case investigated by the Vigilance Department 3-868SCI/79 under his personal control. This recommendation was accepted by the Chief Minister on February 27, 1979. In between, on January 18, 1979, even though the papers were still with the Chief Secretary, respondent 3 directed the investigating officer respondent 4 to submit the final report. When the Chief Secretary came to know about it he wrote to respondent 2 deprecating the conduct of respondent 3 in pushing through the matter though the papers were not with him and he was orally instructed not to submit the final report. As under the direction and orders of respondent 3, respondent 4 had already submitted the final report on February 6, 1979, a communication was addressed to respondent 5, Superintendent, Railway Police, one Mr. Mohammad Sulaiman, who had taken over in the mean time from resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stigation directed by the State Government was submitted to him; and (2) whether, when the investigation was in progress the High Court was justified in interfering with the investigation and prohibiting or precluding further investigation in exercise of its extraordinary jurisdiction under Art. 226 of the Constitution ? Investigation is defined in s. 2(h) of the Code to include all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf. Police report is defined in s. 2(r) to mean a report forwarded by a police officer to a Magistrate under sub-s. (2) of s. 173. Chapter XII deals with investigation of a cognizable case. Section 156(1) and (2) are relevant and may be extracted: 156(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. (2) No proceeding of a police officer in any such case shall at any stage be called ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rank to an officer in charge of a police station. While interpreting s. 551 of the Code of Criminal Procedure, 1908 ( 1908 Code for short), which was in pari materia with s. 36 of the Code, this Court in R. P. Kapoor Ors. v. Sardar Partap Singh Kairon Ors.,(1) observed that the Addl. Inspector- General of Police was, without doubt, a police officer superior in rank to an officer in charge of a police station. Rule 7(a) of the Bihar Police Manual provides that the police force of the entire State is under the overall charge of Inspector-General of Police and for the help of Inspector General and for the convenience of carrying out the work connected with the different branches of police administration, Deputy Inspector General and Assistant Inspectors-General of the rank of Superintendent are posted at headquarters. The use of the word rank in s. 36 of the Code comprehends the hierarchy of police officers. It is equally clear that Inspector-General of Police will have jurisdiction over the whole of the State. Division of work, but not demarcating any local area indicates that Inspector- General, Vigilance, will have jurisdiction extending over the whole of the State and this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated that the Bihar Police Manual, 1978, has been issued in exercise of the power conferred by s. 12. Section 22 provides that every police officer shall, for all purposes in the Act contained, be considered to be always on duty, and may at any time be employed as a police officer in any part of the general police-district. The Act, as its long title shows, was enacted to re-organise the police and to make it a more efficient instrument for the prevention and detection of crime. Investigation comprehends detection of the crime. General police-district covers the entire State. Inspector-General, Vigilance, being appointed for the whole of the State, is a police officer considered to be on duty for all purposes of the Act in the whole of the State and it is open to the State Government to employ him as police officer in any part of the general district. This would effectively answer the contention of respondent 1 that Inspector-General, Vigilance, being only in charge of bribery and corruption cases, could not be directed by the State Government in exercise of its executive administrative function to take over investigation of a cognizable offence registered at railway police station ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e delinquent preferred an appeal to the Government which was dismissed and the delinquent filed a writ petition in the High Court, Patna, which was allowed with a direction that the appeal of the delinquent be heard by the Government over again. The State Government thereupon issued notice under rules 851 (b) and 853A of the Bihar and Orissa Police Manual, 1930, to the delinquent calling upon him to show cause why he should not be dismissed from service and ultimately the delinquent was dismissed by the State Government. The writ petition filed by him was dismissed in limine by the High Court. In appeal to this Court by the delinquent, the order of the State Government was sought to be sustained on behalf of the State Government by contending that under its general power of superintendence conferred by s. 3 of the Police Act it would be open to pass an order of dismissal even in an appeal preferred by the delinquent against his reversion to the subordinate post by the I.G. Police. Setting aside this order of dismissal by the State Government this Court held that as rule 851 (b) provides for appeal and disciplinary proceedings, presumably both, at the instance of the officer punishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruction of the word superintendence . Nothing was pointed out to us to put a narrow construction on this general power of superintendence conferred under the Act on the State Government and there is no justification for limiting the broad spectrum of power comprehended in power of superintendence. Accordingly superintendence would comprehend the power to direct further investigation if the circumstances so warrant and there is nothing in the Code providing to the contrary so as to limit or fetter this power. Sub-s. (8) of s. 173 was pressed into service to show that the power of further investigation after the submission of a report under s. 173(2) would be with the officer in charge of a police station. Sub-s. (8) of s. 173 is not the source of power of the State Government to direct further investigation. Section 173(8) enables an officer in charge of a police station to carry on further investigation even after a report under s. 173(2) is submitted to Court. But if State Government has otherwise power to direct further investigation it is neither curtailed, limited nor denied by s. 173(8), more so, when the State Government directs an officer superior in rank to an officer in c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. Section 3 of the Act does not prescribe any special procedure for investigation contrary to one prescribed in the Code. It merely provides for conferment of certain power which, when exercised, would project into the provisions of the Code which confers power on the officer in charge of a police station to carry on further investigation under s. 173(8) after submission of a report and that too without any permission of the Magistrate. There is no conflict between the two provisions. Power to direct investigation or further investigation is entirely different from the method and procedure of investigation and the competence of the person to investigate. Section 3 of the Act as interpreted by us deals with the powers of the State Government to direct further investigation into the case. Undoubtedly, such direction will be given to a person competent to investigate the offence and as has been pointed out, the police officer in rank superior to the police officer in charge of the police station, to wit, Inspector-General, V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ordinate officer respondent 4 to carry on further investigation under his supervision. It would not be out of place to briefly narrate the circumstances in which respondent 3 took over investigation of this case. On a complaint received from one R. H. Modi, Managing Director of TISCO in respect of an intimation calling him to appear at the police station, the Inspector-General of Police, Bihar, requested respondent 3, Addl. inspector-General, C.I.D., to look into the complaint of Mr. Modi whereupon respondent 3 seized the opportunity to take over the investigation from railway police. It is suggested that this routine direction to look into the complaint of R. H. Modi by Inspector-General of Police to Addl. Inspector-General, C.I.D., purports to be an order transferring the investigation from Railway Police to C.I.D. It is stretching credulity to extreme to interpret the direction to look into the complaint as one ordering transfer of investigation. The High Court was in error in so interpreting such an innocuous endorsement. This is how respondent 3 arrogated to himself the authority to investigate this case and even when papers of investigation were called from him by the Chie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red railway and police officers with a view to influencing railway officers and others. He also complained that TISCO authorities are reported to be trying their best to seal all sorts of irregularities and might be manufacturing documents with break neck speed in defence. This emanates from a person who at least has been spared of any allegation by respondents 1, 3 and 4 and even those supporting them. The complaint made by MLAs./MLCs. merely vouchsafes the suspicion voiced by D.I.G., Railway, way back on May 11, 1977. This complaint was made by MLAs./MLCs. undoubtedly belonging to the ruling party but that does not detract from its credibility. If on such a complaint made by elected representatives of the people of the State, and in the background of what D.I.G., Railway, had suspected and which was confirmed in the report made by the Commissioner, South Chhota Nagpur Division, an officer not connected with the police establishment and free from any allegation of bias, the Chief Secretary, decided to draw attention of the Chief Minister to take some action in the matter so as to transfer the investigation to the C.B.I., a body free from local political influence, there is hard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay orders and it would be too naive to accept such a suggestion. There is nothing to show on record that thereafter any further investigation has been done by respondent 3 or his subordinates. Subsequent thereto, on November 20, 1978, respondent 3 requested the Chief Secretary for the return of the records if they were no more required so that further steps could be taken to complete the investigation. Two unassailable conclusions emerge from this note of respondent 3: (1) that the investigation was not complete; and (2) that the same could not be completed without the records which were then with the Chief Secretary. However, without any rhyme or reason and without the record and without the slightest further investigation with an unseemly hurry respondent 3, with a view to forestalling any action by the higher officers, viz., the Chief Secretary and the Chief Minister, directed a final report to be submitted saying that no offence is disclosed. The narration of facts are so telltale that any further comment is uncalled for. We consider the observation of the High Court that the entrustment of the case for investigation to Vigilance Department is rather peculiar and un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pinion, if he had acted otherwise, a charge of inaction or failure or default in performance of his duty as the highest chief executive officer would be squarely laid at his door. He acted in the best tradition of the Chief executive officer in public interest and for vindication of truth and in an honest and unbiased manner. Afterall, if he had even the remotest bias against any one, he could have as well suggested in agreement with the earlier investigation done by respondent 6 and the report submitted by him for submitting the chargesheet that a charge-sheet should be filed. In fact, in the background herein discussed, the Chief Secretary with utmost candour, with a view to vindicating the honour of the administration, proposed ascertainment of truth at the hands of C.B.I., a body beyond reproach as far as local politics is concerned. The High Court was, therefore, in our opinion, clearly in error in casting aspersions on the Chief Secretary and the observation whether respondent No. 2 is lying or the Chief Secretary is feeding us with false facts is not for this Court to determine....... is an observation belied by the record and unwarranted in the circumstances of the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence. Once that is completed and the investigating officer submits report to the Court requesting the Court to take cognizance of the offence under s. 190 of the Code its duty comes to an end. On a cognizance of the offence being taken by the Court the police function of investigation comes to an end subject to the provision contained in s. 173(8), there commences the adjudicatory function of the judiciary to determine whether an offence has been committed and if so, whether by the person or persons charged with the crime by the police in its report to the Court, and to award adequate punishment according to law for the offence proved to the satisfaction of the Court. There is thus a well defined and well demarcated function in the field of crime detection and its subsequent adjudication between the police and the Magistrate. This has been recognised way back in King Emperor v. Khwaja Nazir Ahmad, where the Privy Council observed as under: In India, as has been shown, there is a statutory right on the part of the police to investigate the circumstances of an alleged cognizable crime without requiring any authority from the judicial authorities and it would, as their Lord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rson can always seek a remedy by invoking the power of the High Court under Art. 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal powers . Not only such a case is not made out but the High Court by an utter misconception of its jurisdiction almost directed the Magistrate before whom the papers are pending to act in a manner as enjoined by the High Court. How the High Court has usurped the jurisdiction of the learned Magistrate, the following passage from the judgment of the High Court would be illustrative. After setting aside the impugned order of the learned Magistrate dated February 24, 1979, and remitting the case to the learned Magistrate, the High Court gave the following direction: He will now proceed to consider the final report submitted by the Police (C.I.D.). I should, however, like to observe for the benefit of the learned Magistrate that he will bear in mind that mere failure to follow rules and regulations is neither cheating nor breach of trust. He ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the direction virtually amounting to a mandamus to close the case before the investigation is complete. We say no more. There are some serious allegations made against respondent 6 by the original petitioner and some of them were repeated with vehemence even at the hearing before this Court. We do not propose to examine them on merits save and except saying that once the investigation was taken over by respondent 3 and the conclusion reached by respondent 6 and his subordinate investigating officer to file the chargesheet was not acted upon, the stage at which the case was brought to the High Court did not call for investigation into the mala fides of respondent 6, appellant in the cognate appeal. After making him a respondent in the High Court an opportunity was taken to cast aspersions against his character. His whole attitude in registering an offence and directing investigation into the offence has been questioned though an independent officer not even remotely connected with police department, the Commissioner of Chhota Nagpur Division found substance in the first information report, in the investigation done by respondent 6 and his conclusion, which again was affirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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