1993 (7) TMI 350 - SC - Indian Laws

Summary

Issues Involved:
The issues involved in this judgment include the implementation of a Supreme Court order directing the Central Bureau of Investigation (CBI) to investigate an incident in the State of U.P., the failure of the U.P. Police to cooperate with the CBI, the petition filed by a Police Inspector challenging the order on the grounds of violation of fundamental rights, and the interpretation of the Supreme Court's powers under Article 142(1) of the Constitution.

Implementation of Supreme Court Order:
The Supreme Court had ordered the CBI to investigate an incident in the State of U.P. due to doubts regarding the fairness of the local police conducting the investigation. Despite this order, the U.P. Police did not cooperate with the CBI, leading to further directions from the Court to ensure compliance. The Court accepted apologies from high-ranking officers for the initial non-compliance and discharged the notices. The U.P. Police's obstructionist attitude was noted, and the Court emphasized the importance of fair and impartial investigation for credibility.

Petition Challenging Supreme Court Order:
A Police Inspector filed a petition challenging the Supreme Court's order directing the CBI investigation, claiming violation of fundamental rights under Articles 14 and 21 of the Constitution. The petitioner argued that the order was destructive of the State of U.P.'s exclusive powers and contrary to the Code of Criminal Procedure. However, the Court found the petition misconceived, noting that it was an attempt to frustrate the implementation of the order and lacked merit on the grounds of public interest and constitutional rights.

Interpretation of Supreme Court's Powers:
The Court addressed the interpretation of its powers under Article 142(1) of the Constitution in ordering the CBI investigation without State Government consent. It clarified that its extraordinary powers under Article 142(1) are not limited by statutory provisions and are intended for the due administration of justice. The Court emphasized that its powers under Article 142(1) cannot be diluted by statutory obligations requiring State Government permission for CBI investigations within State jurisdiction.

In conclusion, the Supreme Court dismissed the petition filed by the Police Inspector, emphasizing the importance of fair investigation, urging the U.P. Police to cooperate with the CBI, and cautioning against obstructionist attitudes. The Court highlighted the need for proper administration of justice and clarified its powers under Article 142(1) in ordering the CBI investigation without State Government consent.