Supreme Court Transfers FIRs to Delhi Police IFSO Unit in Writ Petition for Co-Accused. Court emphasized the need for a unified investigation to avoid conflicting actions regarding FIRs arising from the same incident.

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Case Note & Summary

The petitioner filed a writ petition under Article 32 of the Constitution of India seeking various reliefs concerning multiple FIRs filed against her in relation to a Newshour Debate telecasted on Times Now on 26.05.2022. The petitioner sought to quash the FIRs, transfer them to a single investigating agency, and prevent coercive actions based on these FIRs. The petition detailed several FIRs filed across different states, all stemming from the same incident. The petitioner argued that similar FIRs against another co-accused had been transferred to the IFSO unit of Delhi Police, and thus, the same should apply to her. The Solicitor General and counsel for the states did not dispute the facts regarding the transfer of FIRs for the co-accused. The court noted the necessity of having a single agency investigate the FIRs to avoid conflicting actions. It ordered the transfer of all FIRs to the IFSO unit of Delhi Police, allowing the unit to gather information from state agencies as needed. The court also prohibited any coercive action against the petitioner for eight weeks, enabling her to seek further relief from the Delhi High Court. The court clarified that it had not expressed any opinion on the merits of the allegations in the FIRs. The petition was disposed of with these directions.

Headnote

A) Constitutional Law - Writ Jurisdiction - Transfer of FIRs - Article 32 of the Constitution of India - The court directed the transfer of multiple FIRs against the petitioner to the IFSO unit of Delhi Police for a unified investigation, emphasizing the need for a single agency to handle cases arising from the same incident. Held that this approach ensures consistency and avoids conflicting investigations (Paras 7-9).

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Issue of Consideration

Whether the FIRs/complaints against the petitioner arising from the same incident should be transferred to a single investigating agency.

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Final Decision

The court ordered the transfer of all FIRs/complaints against the petitioner to the IFSO unit of Delhi Police, prohibited coercive actions for eight weeks, and allowed the petitioner to seek further relief from the Delhi High Court.

Law Points

  • Article 32 of the Constitution of India
  • transfer of FIRs
  • investigation by single agency
  • no coercive action
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Case Details

2022 LawText (SC) (09) 289

Writ Petition (Criminal) No. 286 of 2022

2022-09-23

M.R. Shah, Krishna Murari

Tushar Mehta, Ravinder Singh

Navika Kumar

Union of India and Others

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Nature of Litigation

Writ petition challenging multiple FIRs filed against the petitioner.

Remedy Sought

Petitioner sought transfer of FIRs to a single investigating agency and prevention of coercive actions.

Filing Reason

FIRs filed in relation to a televised debate incident.

Previous Decisions

Court previously transferred FIRs against another co-accused to the IFSO unit of Delhi Police.

Issues

Transfer of FIRs to a single investigating agency Prohibition of coercive actions against the petitioner

Submissions/Arguments

Petitioner argued for transfer of FIRs based on parity with another co-accused. Respondents did not dispute the need for a unified investigation.

Ratio Decidendi

The court emphasized the necessity of a single agency investigating FIRs arising from the same incident to ensure consistency and avoid conflicting investigations.

Judgment Excerpts

The investigation/s is/are transferred to IFSO unit of Delhi Police. No coercive action shall be taken against the petitioner pursuant to the aforesaid FIRs/complaints.

Procedural History

The petitioner filed a writ petition under Article 32, seeking various reliefs regarding multiple FIRs filed against her.

Acts & Sections

  • Constitution of India: Article 32
  • Indian Penal Code, 1860: Sections 120-B, 153-A, 295-A, 298, 505(2), 34
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