2010 (1) TMI 1156 - SC - Indian Laws

Whether the court is empowered to hand over the investigation to an independent agency like the CBI even when the charge sheet has been submitted? Whether the investigation concluded in the present case cannot be said to be satisfactorily held?

Issues Involved:
1. Fake encounter of Sohrabuddin Sheikh.
2. Disappearance and murder of Kausarbi.
3. Alleged involvement of Gujarat Police and Rajasthan Special Task Force.
4. Request for CBI investigation.
5. Habeas corpus petition for Kausarbi.
6. Investigation and charge sheet adequacy.
7. Jurisdiction of the Supreme Court to transfer investigation post-charge sheet.

Detailed Analysis:

1. Fake Encounter of Sohrabuddin Sheikh:
The writ petitioner alleged that Sohrabuddin Sheikh was killed in a fake encounter by the Anti Terrorist Squad (ATS) of Gujarat Police and Rajasthan Special Task Force (RSTF). The Supreme Court noted discrepancies in the police reports and the need for further investigation into the circumstances of Sohrabuddin's death.

2. Disappearance and Murder of Kausarbi:
Kausarbi, the wife of Sohrabuddin, was allegedly abducted and subsequently murdered. The court highlighted the need to investigate the events following her abduction, including her death and the disposal of her body. The court found the State's investigation into her disappearance and death to be inadequate and lacking in transparency.

3. Alleged Involvement of Gujarat Police and Rajasthan Special Task Force:
The involvement of high-ranking police officials from Gujarat and Rajasthan in the alleged crimes was a significant concern. The court noted that the State's investigation was not impartial, given the involvement of its own officials in the alleged crimes.

4. Request for CBI Investigation:
The writ petitioner requested a CBI investigation, arguing that the local police were biased and not conducting a fair investigation. The court agreed, citing precedents where investigations were handed over to the CBI even after charge sheets were filed, to ensure impartiality and thoroughness.

5. Habeas Corpus Petition for Kausarbi:
The petitioner sought a writ of habeas corpus to produce Kausarbi. However, it was later revealed that Kausarbi's body had been disposed of by burning. The court restrained from issuing a formal writ but emphasized the need for a comprehensive investigation into her death.

6. Investigation and Charge Sheet Adequacy:
The court found significant discrepancies in the investigation reports and charge sheets filed by the State police. It noted that the investigation did not properly identify all involved parties, including police personnel from Andhra Pradesh, and failed to establish the motive behind the killings. The court criticized the State's investigation for not conducting necessary tests like NARCO analysis and for not following proper procedures.

7. Jurisdiction of the Supreme Court to Transfer Investigation Post-Charge Sheet:
The court addressed the legal question of whether it could transfer the investigation to the CBI after the charge sheet had been filed. Citing several precedents, the court concluded that it had the authority to transfer the investigation to ensure justice and public confidence, especially when high-ranking officials were implicated.

Conclusion:
The Supreme Court directed the State police to hand over all records to the CBI within a fortnight. The CBI was ordered to complete the investigation within six months, covering all aspects of the case, including the possibility of a larger conspiracy. The court emphasized the need for cooperation from the police authorities of Gujarat, Andhra Pradesh, and Rajasthan. The judgment aimed to ensure a fair and impartial investigation, given the serious nature of the allegations and the involvement of high-ranking police officials.

← Previous Next →