TMI Blog2016 (1) TMI 1384X X X X Extracts X X X X X X X X Extracts X X X X ..... g resentful condemnation of all and thus warrant an extra-ordinary attention for adequate remedial initiatives to prevent their recurrence. In our considered view, even if such incidents otherwise diabolical and horrendous do not precipitate, national or international ramifications, these undoubtedly transcend beyond the confines of individual tragedies and militatively impact upon the society’s civilized existence. If the cause of complete justice and protection of human rights are the situational demands in such contingencies, order for further investigation or reinvestigation, even by an impartial agency as the CBI ought to be a peremptory measure in the overwhelming cause of justice. Notwithstanding the pendency of the trial, and the availability of the power of the courts below under Sections 311 and 391 of the Code read with Section 165 of the Evidence Act, it is of overwhelming and imperative necessity that to rule out any possibility of denial of justice to the parties and more importantly to instill and sustain the confidence of the community at large, the CBI ought to be directed to undertake a de novo investigation in the incident - appeal allowed. - CRIMINAL APPE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aju Pal and that too with the connivance of the local police and at the instigation of the respondent No. 4. The appellant has asserted that as a consequence, the family members and the supporters of her husband very often were assaulted and subjected to harassment by arrests by the police and hired goons engaged by the respondent Nos. 4 and 5 and that their property and personal belongings were even destroyed. 5. The appellant alleged as well that the respondent No. 5 was a history sheeter against whom several cases had been lodged involving the offence of murder, but on account of his political clout and the following of anti- social elements, no witness would even dare to give evidence of his nefarious activities. This was more so, according to the appellant, as he enjoyed police patronage and protection. The appellant stated that after the election of her husband as the Member of the Legislative Assembly on 16.10.2004, three abortive attempts were made on his life and the properties belonging to him and his close relatives were ransacked and taken away. The appellant mentioned that the last attempt on the life of her husband before the gruesome incident was made on 28.12.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n connivance with the top police officers including the Station Officer, Dhoomanganj, Shri Parshuram, C.O. (Police), Civil Lines who were then present at the spot alongwith Superintendent of Police (City) Deputy Inspector General of Police, Allahabad and Atiqe Ahmad, respondent No. 4. 8. The appellant has stated as well that the assailants who were in three different vehicles, left the site of the incident after resorting to indiscriminate firing, whereupon the persons present along with the supporters of the injured took Raju Pal out of the car and tried to rush to the hospital in a three-wheeler. The appellant has mentioned that as per the account of the eyewitnesses present and as reported by the media, the assailants returned and opened indiscriminate fire on Raju Pal from a close range so as to ensure that he was dead. That a third attack was made on the injured Raju Pal from a point plank range before he could reach the hospital, where he succumbed to his injuries, has been stated in categorical terms. According to the appellant, though there were four police stations on the route to the hospital, no police officer did respond or offer to help the injured or his companio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut the possibility of further investigation by the CBI and in the process hush up the true facts. According to her, the dead body of the Raju Pal was thereafter cremated in the early morning of 26.01.2005 at Daraganj crematorium, but neither prior thereto, it was handed to the appellant nor the ashes were made available to her. As a matter of fact, the dead body was cremated as if it was an unclaimed body though the deceased was a sitting Member of the Legislative Assembly of the State and his identity was well known to all concerned including the police. 12. Even the representation made by the mother of Raju Pal on 26.01.2005 to the Senior Superintendent of Police to hand over the dead body of her son to her for final rites was not heeded too. All fervent requests and appeals made by her in this regard failed. The appellant has alleged that not only she as a widow was given a chance to have a parting glance of the body of her husband, the dead bodies were disposed of hurriedly without any notice to her as well as other family members of Raju Pal presumably to wipe off all possible clues in support of the heinous crime. The appellant was married to the deceased Raju Pal only on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty Act and had been identified also as a member of the interstate gang in December 2002. Accusing the State Government, the above notwithstanding, of bestowing its generosity on him as well as his brother, the appellant has also referred to a list of 20 criminal cases registered against the respondent No. 5 in which efforts were being made to withdraw the same. The list of cases, as set-out in the writ petition involves offences inter alia, under Sections 302, 307, 149, 120B IPC as well as under the Arms Act and Gangster Act. The appellant has been candid enough to state in no uncertain terms, that though the evidence was galore against the respondent Nos. 4 and 5 and their accomplices in the commission of murder of her husband, conscious and intentional steps were taken by the state administration and the police to shield them therefrom due to political and other influence wielded by them. In endorsement of this accusation, the appellant has referred to as well some excerpts from the writ petition filed by the Station House Officer Shri Parshuram Singh in Civil Writ Petition No. 34265/2005 challenging his suspension. This police officer who was in-charge of the investigation of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lahabad, suspended the petitioner in the evening of 30.1.2005, alleging that the murder of Raju Pal was occurred and he could not control the disturbances after the murder of M.L.A. Raju Pal. 31 -That, the respondent No. 2, Shri Sunil Kumar Gupta, S.S.P., Allahabad suspended the petitioner to help the accused persons as the respondent No. 2, Shri Sunil Gupta, S.S.P., Allahabad, several times told to change the facts that shows the interest of respondent No. 2, Shri Sunil Kumar Gupta, S.S.P., Allahabad, in saving accused persons. 32-That, in as much as the investigation which was being carried out by the petitioner was transferred to one Inspector, Police Station Colonelganj Inspector Surendra Singh. 33- That, the one of the main accused Atiqe Ahmed, Member of Parliament now was released on bail and he mounted pressure on respondent No. 2, Shri Sunil Kumar Gupta, S.S.P., Allahabad, for transferring the Investigation Officer Inspector Surendra Singh and transferring the petitioner any other place ahead from Allahabad. 34- That, the Respondent No. 2, wrote a D.O. letter on 15.04.2005, to D.I.G. Range, for transferring the petitioner under suspension from District Allahabad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents culminating in the gruesome murder of her husband, that the crime had been committed with the tacit support of the police administration and covert approval of the authorities in power. In course of the hearing before this Court in the earlier proceedings afore-mentioned and registered as Writ Petition (Crl.) Nos. 118-119 of 2005, the learned counsel for the appellant sought to withdraw the same, so as to enable her to file an appropriate writ petition before the High Court seeking the same relief. 18. By order dated 03.05.2006, the prayer made was allowed, requiring the appellant to file the writ petition as proposed before the High Court within a period of two weeks therefrom. It was observed that if it was so done, till the disposal of the writ petition, the respondent State would provide necessary security to the appellant and her mother-in-law (co- appellant before this Court). Further proceedings of the Trial Court were ordered to remain stayed till the disposal of the writ petition if filed within the period of two weeks as permitted and a request was made to dispose of the same as expeditiously as possible. In compliance of this order the appellant alone filed a wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter would disclose that the decision conveyed thereby was preceded by an inquiry said to have been made by the concerned Department in consultation with the CBI. Pendency of the writ petition filed by the appellant, seeking the same relief was also referred to as a consideration. It was mentioned as well, that the State Government had not stated any other reason to justify the investigation to be conducted by the CBI. According to the Central Government, the trial of the case was pending, the proceedings whereof however have been stayed by the High Court and that there was no interstate or international ramification of the case so as to warrant investigation thereof by the CBI. 22. In the wake of the rejection of the request for investigation of the case by the CBI, the appellant applied for an amendment of the writ petition, by incorporating the required facts pertaining to the process related thereto and also prayed for the annulment of the letter dated 18.01.2008 of the Central Government. In the facts pleaded to that effect, she averred that during the trial, the respondent Nos. 4 5 had threatened the eye witnesses and did impeach the decision of the Central Government dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... well that after the submission of the charge-sheet, the case was committed to the Court of Sessions and was registered as Session Trial No.24/2006 whereafter, the trial had begun only to be stayed by this Court on 03.05.2006 vide its order to that effect passed in W.P.(Crl.) No.118-119 filed by the appellant under Article 32 of the Constitution of India. 26. It mentioned as well that during the pendency of the writ petition, filed after the disposal of the proceedings before this Court, the state government had accorded its sanction for investigation of this case by the CBI and the communication to this effect was forwarded to the Ministry of Personnel, Government of India. That however the Government of India refused to accede to the request, being of the view that it was not a fit case for investigation for the CBI was stated as well. 27. According to the state government, on such refusal of the Central Government, it transferred the investigation of the case to CB CID which after the completion of the investigation submitted three charge-sheets on 10.01.2009, 04.04.2009 and 24.12.2009, adding to the array of accused persons and also the witnesses in support of the charge. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further that within a couple of days of the formation of the Government in the State by the Bahujan Samaj Party, the State Government did refer the case to the Central Government for investigation by the CBI and having failed in its endeavour to do so, they took a conscious decision to transfer the investigation thereof to the CBCID on 10.12.2008. The answering respondent has emphasized that the appellant has neither challenged the decision of transferring the investigation to CBCID nor the charge-sheets submitted by the said agency on the completion of the said investigation. According to the answering respondent, the appellant has also not pointed out any fault or deficiency in the investigation conducted by the CBCID and that her insistence for further investigation or reinvestigation by the CBI is wholly impermissible in law. 30. The CBI in its turn while reiterating the intervening developments pertaining to the investigation conducted by the State Police and the CBCID has pleaded that after a lapse of 10 years from the incident, no purpose would be served by any investigation by it at this stage. It has averred as well that the case does not involve any larger public inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to book and thus in the interest of fair and impartial investigation and to obviate any possibility of miscarriage of justice, it is imperative to entrust the probe to the CBI. According to Mr. Sodhi, the testimony of the witnesses so far examined at the trial clearly demonstrate their hostile and non-cooperative approach which per se suggests that they must have been won over in between, leaving a bleak chance for the prosecution to succeed. This unmistakably affirms the apprehension of the appellant vis- -vis quality and authenticity of the investigation undertaken by the state police and the CBCID, he urged. 32. The learned senior counsel maintained that if the formalities of the trial with the materials so far collected in the investigation are allowed to be completed being unmindful of the consequences thereof, it would be a travesty of justice and a servile subjugation of the process of law to the minatory reflexes of the daring and audacious violators of law. Reiterating the imputations made in the writ petition vis- -vis the role of the state instrumentalities and the police in particular, as well as the culpability of respondent Nos. 4 5, Mr. Sodhi has argued that e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s well that as the trial is pending and the respondent Nos. 4 5 and other accused persons are subjected thereto, the relief sought for by the appellant is prematured as well. 35. Mr. Goel representing respondent Nos. 4 5 while supplementing the assertions made on behalf of the State has submitted that the introduction of a fresh investigating agency, at this stage is not only impermissible in law but also would have the potential of protracting the trial further, in violation of the fundamental right to life of his respondents as guaranteed by Article 21 of the Constitution of India. Reiterating that the facts do not demonstrate a faulty or incomplete investigation by either the state police or the CBCID, the learned counsel has maintained that the appellant has resorted to this delaying tactics to promote her election prospects and political future. While underlining that the writ petition filed by the Investigating Officer Parsuram Singh alleging pressure on him by his higher ups to misdirect the investigation, has meanwhile been dismissed on merits, the learned senior counsel argued that the averments even if accepted to be true, did in fact vouchsafe the fairness and imp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts and circumstances did not convincibly demonstrate any flaw in the investigation undertaken by the state police or the CBCID. In support of this assertion, she relied upon the decisions of this Court in Committee for Protection of Democratic Rights (supra), K. Saravanan Karuppasamy and another vs. State of Tamil Nadu and Ors. (2014) (10) SCC 406, Sudipta Lenka vs. State of Odisha and Others. (2014) 11 SCC 527. 37. We have extended our anxious consideration to the competing pleadings and the arguments advanced. The gory incident in which the appellant s husband was brutally gunned down in a public place is indeed harrowing and alarmingly distressful. Not only the daring act in the broad day light is condemnable, it sent shock waves among the living community, wrecking the temper and rhythm of social life and created a fear psychosis and a scary feeling of lack of security in all concerned. It is a matter of record that at the relevant time, the appellant s husband was a sitting member of the State Legislative Assembly, having defeated the respondent No. 5, in the bye-elections held a few months prior to his murder. That at that time, the respondent No. 4, brother of res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onlooker at the time of and after the open diabolic and barbaric assassination of her husband. It is a matter of record that at the time of the incident, the Samajwadi Party was in power. 39. It was in this backdrop of events, that the appellant being appalled and exasperated by the perceived failure of the state authorities to affirmatively respond to her request for entrusting the investigation to the CBI and the casual measurers of the state police in that regard that she approached this Court with an application under Article 32 of the Constitution of India for its remedial intervention. By order dated 3.5.2006, however, this Court, as prayed for on her behalf, did permit her to file a writ petition before the High Court seeking an appropriate writ or a direction for transferring the investigation of the case to the CBI. To reiterate, during the pendency of the writ petition that was filed within the time allowed by this Court, on 15.5.2007, the State Government (by then the Bahujan Samaj Party had come to power) decided to hand over the investigation to the CBI and communicated its decision to the Central Government for the needful. The High Court, being apprised of this d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d also the parallel criminal cases registered on the accusation of threats being extended to the eye witnesses of the incident. On a cursory perusal of the testimony of witnesses so far examined at the trial, it prima facie appears therefrom that though all of them were present at that time at the spot when the offence was committed, none of them has identified the accused persons standing trial including the respondent Nos. 4 and 5 to be/or among the assailants. Some of the witnesses, who were also injured in the incident, after being declared hostile by the prosecution, have even resiled from their statements under Section 161 of the Code made before the police. Significantly, however the witnesses have admitted the occurrence in which the appellant's husband had been shot at, following which he had succumbed to the injuries sustained. 43. The additional documents also include a judgment rendered by the trial court on 2.11.2011 in Sessions Trial No. 749 of 2009, State vs. Ram Chandra Yadav @ Fauji registered on the complaint filed by one Mahendra Patel @ Budhi Lal Patel, who in his cross-examination, retraced from the charge levelled by him against respondent No. 4 and his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt duty entrusted to all the institutions of governance of our democratic polity. This is more so, where a grisly and intimidatory crime impacting upon the public confidence in the justice delivery system as a whole is involved, so as to ensure that such outrageous do not go incautiously, unfathomed and unpunished. 46. The authorities cited at the Bar present the precedential spectrum of the curial jurisprudence in the context of entrustment of investigation to an instrumentality other than the local/state police agencies. 47. In Zahira Habibulla H. Sheikh (supra), commonly adverted to as Best Bakery Case on the theme, the aspects of perfunctory and partisan role of the investigating agency as well as improper conduct of the trial involved by the public prosecutor surfaced for scrutiny. Though the trial was over resulting in acquittal of the accused persons mainly as the purported eye- witnesses had resiled from the statements made by them under Section 161 Cr.P.C. (hereinafter to be referred to as the Code ) during the investigation coupled with faulty and biased investigation and laconical trial, this Court responded to the request for a fresh trial made by the State an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tator and a mere recording machine but become a participant in the trial evincing intelligence and active interest and elicit all relevant materials necessary for reaching the correct conclusion, to find out the truth and administer justice with fairness and impartiality both to the parties and to the community. 51. While highlighting the courts overriding duty to maintain public confidence in the administration of justice, it was enunciated as well, that they cannot turn a blind eye to vexatious and oppressive conduct, discernable in relation to the proceedings. That the principles of rule of law and due process are closely linked with human rights protection, guaranteeing a fair trial, primarily aimed at ascertaining the truth, was stated. It was held as well, that the society at large and the victims or their family members and relatives have an inbuilt right to be dealt fairly in a criminal trial and the denial thereof is as much injustice to the accused as to the victim and the society. Dwelling upon the uncompromising significance and the worth of witnesses in the perspective of a fair trial, the following revealing comments of Bentham were extracted in paragraph 41: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice have to be protected so that the interest of justice do not get incapacitated in the sense of making the proceedings before the courts, mere mock trials. While elucidating that a court ought to exercise its powers under Section 311 of the Code and Section 165 of the Evidence Act judicially and with circumspection, it was held that such invocation ought to be only to subserve the cause of justice and the public interest by eliciting evidence in aid of a just decision and to uphold the truth. It was proclaimed that though justice is depicted to be blindfolded, it is only a veil not to see who the party before it is, while pronouncing judgment on the cause brought before it by enforcing the law and administer justice and not to ignore or turn the attention away from the truth of the cause or the lis before it, in disregard of its duty to prevent miscarriage of justice. That any indifference, inaction or lethargy displayed in protecting the right of an ordinary citizen, more particularly when a grievance is expressed against the mighty administration, would erode the public faith in the judicial system was underlined. It was highlighted that the courts exist to do justice to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplete investigation and trial as well as the solemn duty of the courts to ensure the discernment of truth to administer even handed justice as institutions of trust of public faith and confidence, are in our estimate, of universal application and binding effect, transcending the factual settings of a case. An adverse deduction vis- -vis the quality of investigation and/a trial trivializing the cause of justice, is however the essential pre-requisite, for such remedial intervention by way of further investigation, reinvestigation, additional evidence, retrial etc. to be made objectively but assuredly for the furtherance of the salutary objectives of the justice dispensing system as contemplated in law, it being of paramount pre-eminence. 57. This Court in Mohd. Hussain @ Julifikar Ali (supra) was also seized of a situation imploring for a retrial following the termination of the prosecution principally on account of delay, when juxtaposed to the demand for justice in cases involving grave crimes affecting the society at large. The offence involved was under Sections 302/307/120B IPC and Sections 3 and 4 of the Explosive Substances Act, 1908 and had perpetrated an explosion in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice. It was exposited that the nature and gravity of the crime, persons involved, social impact and societal needs must be weighed along with the right of the accused to speedy trial and if the balance tilts in favour of the former, the long delay in conclusion of trial should not operate against the continuation of the prosecution but if the right of the accused in the facts and circumstances of the case and the exigencies or situation leans the balance in his favour, the prosecution may be brought to end. It was held that the guiding factor for a retrial essentially has to be the demand of justice. It was emphasized that while protecting the right of an accused to fair trial and due process of law, the interest of the public at large who seek protection of law ought not to be altogether overlooked so much so, that it results in loss of hope in the legal system. Retrial in the facts of the case was ordered. 59. The content and scope of the power under Article 226 of the Constitution of India to direct investigation by the CBI in a cognizable offence, alleged to have taken place within the territorial jurisdiction of the State, without the consent of the State Government fel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te police and thereafter by the CID and by the CBI were faulty, the prayer for de novo inquisition was made. Imputation of attempts by the prosecution to suppress the truth in spite of the fact that the assailants were identified and named in the FIR and that the incident was in effectuation of a deep rooted conspiracy and preceded by previous threats were made. The CBI in its pleadings, inter alia, cited, prevailing law and order situation in the town; abscondence of most of the accused persons; murder of its informants; fear psychosis in the locality and resultant want of support from the local public as hindrances to its investigation. 62. On behalf of the appellant, accusation of tardy prosecution of the case, and free and open movement of the key accused persons in the city avoiding arrest were made as well. The plea of the impleaded accused persons that the appellant after the demise of her husband had initiated the writ proceedings for political gain was rejected. Their contention based on Section 319 of the Code that in course of the trial, on availability of sufficient evidence, any person not being an accused could be ordered to be tried, was also negated. The proposit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly thereafter. Wide coverage of the incident by the media. Availability of the transcripts of the intercepted conversations of some of the accused persons and the office bearers of the rival political party. 64. This Court in Babubhai (supra) while examining the scope of Section 173(8) of the Code, did recall its observations in Manu Sharma vs. State (NCT of Delhi), (2010) 6 SCC 1, that it is not only the responsibility of the investigating agency but as well as of the courts to ensure, that investigation is fair and does not in any way hamper the freedom of an individual except in accordance with law. It underlined, that the equally enforceable canon of criminal law is that high responsibility lies upon the investigating agency, not to conduct an investigation in a tainted and unfair manner and that such a drill should not prima facie be indicative of a biased mind and every effort should be made to bring the guilty to law de hors his position and influence in the society as nobody stands above law. It propounded that the word ordinarily applied under Section 173(8) of the Code, did attest that if the investigation is unfair and deliberately incomplete and has been done ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that accusations in the contextual facts were directed against the local police personnel in which high police officials of the state had been made accused also did weigh with the determination. The view taken in Gudalure M.J. Cherian (supra) that though ordinarily, after the investigation is completed by the police and charge sheet is submitted to the court, the investigation ought not to be re-opened by entrusting the same to a specialized agency like CBI, nevertheless in a given situation, to do justice between the parties and to instill confidence in the public mind it may be warranted, was noted with approval. The overriding imperative of permitting transfer of investigation to the CBI was thus acknowledged to be in the advancement of the cause of justice and to instill confidence in the mind of the victims as well as the public. 66. The renderings in Hussainara Khatoon (supra), A.R. Antulay (supra), P. Ramachandra Rao (supra), Vakil Prasad (supra), Sampat Lal (supra), Babubhai (supra) and Common Cause (supra) have been pressed into service on behalf of the respondent Nos. 4 5 to highlight the demand of speedy trial as a mandate of the fundamental right to life guarante ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not only fair trial but fair investigation is also a part of the constitutional rights guaranteed under Articles 20 21 of the Constitution of India and therefore investigation ought to be fair, transparent and judicious, was reemphasised. The expression ordinarily as used in Section 173(8) of the Code was noted again to rule that in exceptional circumstances however, in order to prevent miscarriage of criminal justice, a court may still direct investigation de novo. The above postulations being strikingly common in all these decisions, do pervade the fabric and the content thereof and thus dilation of individual facts has been avoided. 68. That the extra-ordinary power of the constitutional courts under Articles 32 and 226 of the Constitution of India qua the issuance of direction to the CBI to conduct investigation must be exercised with great caution was underlined in Committee for Protection of Democractic Rights (supra) as adverted to hereinabove. Observing that although no inflexible guidelines can be laid down in this regard, it was highlighted that such an order cannot be passed as a matter of routine or merely because the party has levelled some allegations against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the parties and to instill confidence in the public mind, can be made invoking its constitutional power available, to ensure a fair, honest and complete investigation. 72. The precedential ordainment against absolute prohibition for assignment of investigation to any impartial agency like the CBI, submission of the charge-sheet by the normal investigating agency in law notwithstanding, albeit in an exceptional fact situation warranting such initiative, in order to secure a fair, honest and complete investigation and to consolidate the confidence of the victim(s) and the public in general in the justice administering mechanism, is thus unquestionably absolute and hallowed by time. Such a measure however can by no means be a matter of course or routine but has to be essentially adopted in order to live up to and effectuate the salutary objective of guaranteeing an independent and upright mechanism of justice dispensation without fear or favour, by treating all alike. 73. In the decisions cited on behalf of the CBI as well, this Court in K. Saravanan Karuppasamy and Sudipta Lenka, (supra), recounted the above propositions underpinning the primacy of credibility and confidence in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... air, impartial and effective investigation eroding its credence and reliability is the precondition for a direction for further investigation or reinvestigation, submission of the charge-sheet ipso facto or the pendency of the trial can by no means be a prohibitive impediment. The contextual facts and the attendant circumstances have to be singularly evaluated and analyzed to decide the needfulness of further investigation or reinvestigation to unravel the truth and mete out justice to the parties. The prime concern and the endeavour of the court of law is to secure justice on the basis of true facts which ought to be unearthed through a committed, resolved and a competent investigating agency. 77. As every social order is governed by the rule of law, the justice dispensing system cannot afford any compromise in the discharge of its sanctified role of administering justice on the basis of the real facts and in accordance with law. This is indispensable, in order to retain and stabilize the faith and confidence of the public in general in the justice delivery institutions as envisioned by the Constitution. 78. As succinctly summarised by this Court in Committee for Protection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue care and caution and informed with self imposed restraint, the plentitude and content thereof can neither be enervated nor moderated by any legislation. 81. The expression fair and proper investigation in criminal jurisprudence was held by this Court in Vinay Tyagi vs Irshad Ali @ Deepak and others (2013)5SCC 762 to encompass two imperatives; firstly the investigation must be unbiased, honest, just and in accordance with law and secondly, the entire emphasis has to be to bring out the truth of the case before the court of competent jurisdiction. 82. Prior thereto, in the same vein, it was ruled in Samaj Parivartan Samudaya and others vs. State of Karnataka and others (2012)7SCC 407 that the basic purpose of an investigation is to bring out the truth by conducting fair and proper investigation, in accordance with law and to ensure that the guilty are punished. It held further that the jurisdiction of a court to ensure fair and proper investigation in an adversarial system of criminal administration is of a higher degree than in an inquisitorial system and it has to take precaution that interested or influential persons are not able to misdirect or hijack the investigation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Punjab (2015)3 SCC 220 sounds an awakening caveat: The narration of the sad chronology shocks the judicial conscience and gravitates the mind to pose a question: Is it justified for any conscientious trial Judge to ignore the statutory command, not recognize the felt necessities of time and remain impervious to the cry of the collective asking for justice or give an indecent and uncalled for burial to the conception of trial, totally ostracizing the concept that a civilized and orderly society thrives on the rule of law which includes fair trial for the accused as well as the prosecution. 87. The observations though made in the backdrop of repeated adjournments granted by the trial court, chiefly for cross-examination of a witness resulting in the delay of the proceedings, the concern expressed is of overarching relevance demanding sentient attention and remedial response. The poser indeed stems from the indispensable interface of the orderly existence of the society founded on the rule of law and fair trial for the accused as well as the prosecution. That the duty of the Court while conducting a trial is to be guarded by the mandate of law, conceptual fairness and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y confidence in their investigation. The joining of science with traditional criminal investigation techniques offers new horizons of efficiency in criminal investigation. New perspectives in investigation bypass reliance upon informers and custodial interrogation and concentrate upon a skilled scanning of the crime scene for physical evidence and a search for as many witnesses as possible. Mute evidence tells its own story in court, either by its own demonstrativeness or through the testimony of an expert witness involved in its scientific testing. Such evidence may serve in lieu of, or as corroboration of, testimonial evidence of witnesses found and interviewed by police in an extension of their responsibility to seek out the truth of all the circumstances of crime happening. An increasing certainty in solving crimes is possible and will contribute to the major deterrent of crime the certainty that a criminal will be discovered, arrested and convicted. 90. Reverting to the facts, the gruesome and sordid assassination of the appellant s husband in broad day light under the public gaze is not in dispute. As a consequence of the murderous assault with firearms and indiscrimi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 161 of the Code. Having regard to the manner in which the offence had been committed, it is incomprehensible that there was no eye- witness to the incident. Thus, if the persons cited as eye-witnesses by the investigating agency retract from their version made before the police, then either they have been wrongly projected as eye-witnesses or they have for right or wrong reasons resiled from their earlier narration. In both the eventualities, in our opinion, the investigation has to be faulted as inefficient, incomplete and incautious with the inevitable consequence of failure of the prosecution in the case in hand. Such a fall out also spells a dismal failure of the state machinery as a pivotal stake holder in the process of justice dispensation to protect and assure the witnesses of their safety and security so to fearlessly testify the truth. We would hasten to add that these observations are by no means suggestive of the complicity of the respondent Nos. 4 5 and other accused persons standing trial. These, to reiterate, are farthest from even any presumptive hypothesis of their involvement in the offence for the present and are engendered by the concern of possible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her investigation or reinvestigation, even by an impartial agency as the CBI ought to be a peremptory measure in the overwhelming cause of justice. 94. Judged in these perspectives, we are of the firm opinion that notwithstanding the pendency of the trial, and the availability of the power of the courts below under Sections 311 and 391 of the Code read with Section 165 of the Evidence Act, it is of overwhelming and imperative necessity that to rule out any possibility of denial of justice to the parties and more importantly to instill and sustain the confidence of the community at large, the CBI ought to be directed to undertake a de novo investigation in the incident. We take this view, conscious about the parameters precedentially formulated, as in our comprehension in the unique facts and circumstances of the case any contrary view would leave the completed process of crime detection in the case wholly inconsequential and the judicial process impotent. A court of law, to reiterate has to be an involved participant in the quest for truth and justice and is not expected only to officiate a formal ritual in a proceeding farseeing an inevitable end signaling travesty of justice. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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