Case Note & Summary
The petitioner, mother of a 21-year-old law student who was found dead on railway tracks, sought transfer of investigation to the CBI alleging deficient investigation by the State Police. The deceased had gone out with friends on 13.08.2017; his body was found the next morning with nine ante-mortem injuries. The FIR was registered after a ten-month delay. The High Court had directed the investigating officer to file the result, but no progress was made. This Court directed completion of investigation within two months, whereupon a closure report was filed concluding homicidal death but no clue to offenders. The Court found the investigation deficient: crime scene not sealed, key witnesses not examined, CCTV and mobile data not analyzed, and the closure report contradictory. Relying on precedents including Kashmeri Devi, Babubhai, and Bharati Tamang, the Court held that fair investigation is part of Article 21 rights and that in exceptional circumstances, de novo investigation can be ordered to prevent miscarriage of justice. The Court set aside the closure report, quashed the investigation, and directed the CBI to conduct a fresh investigation, with the State to provide full cooperation.
Headnote
A) Criminal Law - Fair Investigation - Article 21 of the Constitution of India - Fair investigation is part of constitutional rights guaranteed under Article 21; a deficient investigation leading to a closure report without identifying offenders warrants court intervention to order fresh investigation by an independent agency to secure ends of justice (Paras 9-10).
B) Criminal Procedure - Investigation - Sections 173(2), 173(8) of the Code of Criminal Procedure, 1973 - Normally, after police report under Section 173(2), only further investigation under Section 173(8) can be ordered; but in exceptional circumstances, constitutional courts can direct de novo investigation to prevent miscarriage of justice (Paras 9-10).
C) Criminal Law - Homicidal Death - Investigation Deficiencies - Delay in FIR registration, failure to seal crime scene, non-examination of key witnesses, lack of CCTV and mobile data analysis, and contradictory closure report indicate biased and tainted investigation; court directed CBI to conduct fresh investigation (Paras 2-8, 11).
Issue of Consideration
Whether the investigation conducted by the State Police into the homicidal death of the petitioner's son was deficient and whether a fresh investigation by the Central Bureau of Investigation should be ordered.
Final Decision
The closure report dated 03.09.2020 is set aside. The investigation conducted by the State Police is quashed. The Central Bureau of Investigation is directed to conduct a fresh investigation into FIR No.155 of 2018. The State of Rajasthan and its authorities shall extend full cooperation to the CBI. The CBI shall file its report before the appropriate court within three months.
Law Points
- Fair investigation is part of constitutional right under Article 21
- Fresh investigation can be ordered in exceptional circumstances to prevent miscarriage of justice
- Power to order de novo investigation under Article 32
Case Details
Writ Petition (Crl.) No.141 of 2020
Sunil Fernandes for petitioner, Dr. Manish Singhvi for respondent State
The State of Rajasthan and Others
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Nature of Litigation
Writ petition seeking transfer of investigation to CBI due to alleged deficient investigation by State Police into homicidal death of petitioner's son.
Remedy Sought
Mandamus to transfer investigation from State Police to Central Bureau of Investigation.
Filing Reason
Petitioner dissatisfied with investigation by State Police which failed to identify offenders in her son's homicidal death.
Previous Decisions
High Court disposed of S.B. Criminal Miscellaneous Petition No.1411 of 2019 on 24.02.2020 directing Investigating Officer to file result of investigation, reserving liberty to petitioner to challenge. This Court on 08.07.2020 directed completion of investigation within two months and filing of final report.
Issues
Whether the investigation conducted by the State Police was deficient and biased?
Whether a fresh investigation by an independent agency like CBI should be ordered?
Whether the closure report filed by the police should be accepted?
Submissions/Arguments
Petitioner: Investigation was casual and callous; FIR registered after ten months; crime scene not sealed; key witnesses not examined; CCTV footage and mobile data not analyzed; closure report contradictory and unsatisfactory.
Respondent State: Inquest proceedings commenced promptly; Special Investigation Team examined many witnesses; no deficiency; all possibilities investigated; offenders could not be traced; closure report may be allowed.
Ratio Decidendi
Fair investigation is part of constitutional rights under Article 21. In exceptional circumstances where investigation is deficient or biased, constitutional courts can order de novo investigation by an independent agency to prevent miscarriage of justice, even after a closure report has been filed.
Judgment Excerpts
A fair investigation is as much a part of a constitutional right guaranteed under Article 21 of the Constitution as a fair trial, without which the trial will naturally not be fair.
Where non-interference of the court would ultimately result in failure of justice, the court must interfere.
If deficiency in investigation or prosecution is visible or can be perceived by lifting the veil trying to hide the realities or covering the obvious deficiencies, courts have to deal with the same with an iron hand appropriately within the framework of law.
Procedural History
FIR No.155 of 2018 registered on 29.06.2018 under Section 302 IPC at Mandore Police Station, Jodhpur. Petitioner's husband filed S.B. Criminal Miscellaneous Petition No.1411 of 2019 before Rajasthan High Court, disposed on 24.02.2020 directing IO to file result. Petitioner filed Writ Petition (Crl.) No.141 of 2020 before Supreme Court on 20.05.2020. Supreme Court on 08.07.2020 directed completion of investigation within two months and filing of final report. Closure report filed on 03.09.2020. Supreme Court set aside closure report and ordered CBI investigation on 03.09.2020.
Acts & Sections
- Indian Penal Code, 1860: 302
- Code of Criminal Procedure, 1973: 173(2), 173(8), 174
- Constitution of India, 1950: 20, 21, 32
