Case Note & Summary
Constitution of India, 1950 – Article 136: Special Leave Petition – Petitioners sought relief against Kerala High Court’s directions regarding the Hema Committee Report. Supreme Court refused to interfere, granting liberty to the petitioners to approach the High Court for their grievances. [Para 15-18] Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 176: Investigation of Cognizable Offences – Supreme Court held that an officer-in-charge of a police station is duty-bound to investigate upon receiving information of a cognizable offence. High Court’s direction to SIT was lawful, and no restraint could be imposed on the investigative process. [Para 16] Code of Criminal Procedure, 1973 – Predecessor of BNSS: Preliminary Enquiries & FIRs – SIT had registered multiple Preliminary Enquiries (PEs) and First Information Reports (FIRs) after Supreme Court issued notice. Petitioners alleged mala fide intent; Supreme Court left the matter to High Court’s monitoring. [Para 13-14] Right to Privacy – Media Conduct – Fair Investigation: Media Trial & Witness Protection – Supreme Court observed that media should refrain from undue interference in the investigation, ensuring protection of witness privacy and accused persons’ rights. [Para 3.6(iv), 3.6(v)] Subjects:
Kerala High Court, Bharatiya Nagarik Suraksha Sanhita, Witness Rights, SIT Investigation, Cognizable Offences, FIRs, Media Trial, Fundamental Rights, Judicial Monitoring, Fair Investigation
Issue of Consideration
SAJIMON PARAYIL VERSUS STATE OF KERALA & ORS.
