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1992 (10) TMI 258 - SC - Indian Laws

Issues involved: Investigation into the death of Sawinder Singh, findings of the report by the Additional District Judge, prosecution of accused individuals, ex gratia payment to the deceased's widow, direction to Central Bureau of Investigation (CBI).

Summary:
The Supreme Court, after reviewing the report of the Additional District Judge, Delhi, found discrepancies in the deposition regarding the death of Sawinder Singh and suspected misfeasance by certain individuals. The matter had not been conclusively investigated, and the Attorney General expressed disagreement with the report's findings. The Court deemed it necessary to initiate a prima facie case for investigation and prosecution of all accused individuals named in the report. The Central Bureau of Investigation (CBI) was directed to register an FIR based on the Court's order and the report, with a copy of the report and annexures to be provided to the CBI. An interim ex gratia payment of Rs. 2,00,000 was ordered to be paid by the Union of India/Directorate of Enforcement to the deceased's widow. Any further compensation would be determined through legal proceedings. The Attorney General's contentions were to be reserved for a later stage, and the payment was to be made within three months. The amount was to be deposited in the Court's Registry for withdrawal by the widow. The Court clarified that its observations would not impact the ongoing investigation, prosecution, or trial, and the notice was disposed of.

This judgment addresses the need for further investigation and prosecution in a case involving the death of Sawinder Singh, highlighting discrepancies in witness depositions and suspicions of misfeasance. The Court's direction to the CBI to register an FIR and prosecute the accused individuals is aimed at ensuring justice and accountability. Additionally, the ex gratia payment to the deceased's widow reflects the Court's recognition of her loss and the need for financial support. The Court's decision to reserve the Attorney General's contentions for a later stage indicates a willingness to consider additional arguments in the future. The timeline for payment and the procedure for withdrawal of the amount demonstrate the Court's attention to procedural details in providing relief to the affected party. Overall, the judgment emphasizes the importance of thorough investigation, prosecution of wrongdoing, and provision of appropriate compensation in cases of suspected foul play and injustice.

 

 

 

 

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