Case Note & Summary
The case pertains to the death of Ms. Ranjana Diwan, wife of respondent no.7, a senior judicial officer in Chhattisgarh. The appellants, mother and brother of the deceased, alleged that her death was not a simple suicide but involved foul play, citing six ante-mortem injuries on her body as per the post-mortem report. They claimed that respondent no.7, being a senior judicial officer, used his influence to ensure that no FIR was registered and that the investigation was not fair. Despite multiple complaints to various authorities, including the police and the High Court, no FIR was registered, and a closure report was filed treating the death as suicide. The appellants filed a writ petition under Article 226 of the Constitution before the Chhattisgarh High Court seeking a direction for registration of FIR and a fair investigation by an independent agency. The High Court dismissed the petition after seven years, holding that the appellants had an alternative remedy under Section 156(3) CrPC to approach the Magistrate. Aggrieved, the appellants appealed to the Supreme Court. The Supreme Court considered the submissions of all parties, including the State of Chhattisgarh and the CBI. The Court noted that the respondent no.7 being a senior judicial officer could influence the local police and even the Magistrate, creating a reasonable apprehension of bias. The Court emphasized the fundamental right to a fair investigation under Article 21 and the need to instill confidence in the justice delivery system. The Court directed the CBI to conduct a fresh investigation into the death of the deceased, including the circumstances leading to her death and the six ante-mortem injuries. The Court set aside the High Court's order and allowed the appeal, directing the CBI to complete the investigation within six months and submit a report to the trial court.
Headnote
A) Criminal Procedure - Fair Investigation - Transfer to CBI - Apprehension of Bias - Where the deceased died under suspicious circumstances with six ante-mortem injuries and the husband, a senior judicial officer, allegedly influenced the investigation, the Supreme Court directed CBI investigation to ensure a fair and impartial probe and to instill confidence in the justice delivery system. (Paras 12-14) B) Constitutional Law - Writ Jurisdiction - Article 226 - Alternative Remedy - The High Court dismissed the writ petition on the ground of availability of remedy under Section 156(3) CrPC, but the Supreme Court held that in cases involving high-ranking officials, the High Court could entertain a writ petition to ensure a fair investigation. (Paras 4.8, 5, 14) C) Criminal Procedure - Investigation - Closure Report - Ante-Mortem Injuries - The post-mortem report revealed six ante-mortem injuries, including contusions, which were not explained, raising suspicion about the cause of death being suicide by hanging. The police filed a closure report treating it as suicide, but the Supreme Court found the circumstances warranted further investigation. (Paras 4.4, 4.5, 14)
Issue of Consideration
Whether the High Court was justified in dismissing the writ petition seeking a fair investigation into the death of the deceased, given the apprehension of bias due to the respondent no.7 being a senior judicial officer, and whether the Supreme Court should direct an independent agency like CBI to investigate.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the Central Bureau of Investigation (CBI) to conduct a fresh investigation into the death of Ms. Ranjana Diwan. The CBI was directed to complete the investigation within six months and submit a report to the trial court.
Law Points
- Fair investigation
- Fundamental right
- Article 21
- Transfer of investigation to CBI
- Apprehension of bias
- Influence of judicial officer
- Section 156(3) CrPC
- Article 226 Constitution
