2015 (2) TMI 1251 - HC - Indian Laws

Hand-over the investigation of the criminal case to Central Bureau of Investigation or to some independent investigating agency - Rakesh Malik son of Balwan Singh was active member/senior worker of the Bharatiya Janta Party (for short BJP ) and some unknown persons had committed the murder of Rakesh Malik - Held that - It is now well settled principle of law that the investigation cannot possibly be referred to CBI merely on the wish and sweet will of petitioner by leveling bald and unsubstantiated allegations against the police, unless and until, it is established that the local police has not conducted investigation in a proper manner, which is totally lacking in the instant case. Once the local police has conducted the investigation in a fair manner, collected the material evidence, submitted the final police report (challan) and arrested the main accused, who were accordingly charge-sheeted, then indeed, it should be left open to the trial Court to proceed with the matter in accordance with law at this stage, in view of law laid down by Hon ble Apex Court in V.P. Patil 2011 (7) TMI 1297 - BOMBAY HIGH COURT and K.V. Rajendran s cases (2013 (8) TMI 1055 - SUPREME COURT). As indicated here-in-above, the police has fairly conducted the investigation, collected the material evidence and traced the motive of murder of Rakesh Malik. After completion of the investigation, the police has submitted the final police report (challan), the main accused were accordingly charge sheeted, the case was listed for evidence of prosecution and evidence in part has already been recorded by the trial Court. In that eventuality, in case some additional evidence would be available on record, then the Court is well within its jurisdiction to summon the additional accused, as postulated u/s. 319 Cr.P.C. Hence, the law laid down in the aforesaid judgments mutatis mutandis is applicable to the facts of the present case and is the complete answer to the problem in hand and the contrary submissions of learned counsel for petitioner stricto sensu deserve to be and are hereby repelled. Therefore, if the crux of the indicated material on record is put together, then to my mind, the conclusion is inescapable and irresistible that no case/ground, muchless cogent, to refer the matter to CBI is made out under the present set of circumstances. On the contrary, if the matter is referred to CBI without any material on record, as urged on behalf of petitioner, then, not only that, it will inculcate and perpetuate injustice to respondent Nos. 11 and 12, at the same time, it will considerably delay the final disposal of the case against the main accused as well.

Summary

Issues Involved:

1. Whether the investigation of the criminal case should be handed over to the Central Bureau of Investigation (CBI).
2. Alleged involvement of political figures in the murder of Rakesh Malik.
3. Fairness and impartiality of the local police investigation.

Issue-wise Detailed Analysis:

1. Whether the investigation of the criminal case should be handed over to the Central Bureau of Investigation (CBI):

The petitioner, widow of Rakesh Malik, sought to transfer the investigation to the CBI under Section 482 Cr.P.C., alleging that the local police had not taken action against certain political figures due to political rivalry. The court noted that the power to transfer the investigation to the CBI must be exercised in rare and exceptional cases where it is necessary to do justice and instill public confidence. The court referenced several Supreme Court judgments, emphasizing that such power should not be exercised routinely or merely based on allegations against the local police. The court found no merit in the petitioner's claims and concluded that the investigation by the local police was fair and comprehensive, thus dismissing the petition for CBI investigation.

2. Alleged involvement of political figures in the murder of Rakesh Malik:

The petitioner alleged that the murder was committed at the behest of certain political figures, namely a former Congress Cabinet Minister and her daughter, due to political rivalry. The petitioner cited various documents, including CDs, press reports, and photographs, to support her claims. However, the court found these allegations to be speculative and lacking concrete evidence. The court noted that the police had investigated the case, arrested the main accused, and found no involvement of the political figures mentioned by the petitioner. The court emphasized that mere allegations without substantive proof could not justify transferring the investigation to the CBI.

3. Fairness and impartiality of the local police investigation:

The court examined the investigation conducted by the local police, which included the arrest of the main accused, recording of disclosure statements, and recovery of evidence such as vehicles and firearms. The court found that the local police had conducted the investigation in a fair and impartial manner, collected material evidence, and submitted the final police report (challan). The court noted that the petitioner did not dispute the involvement of the main accused but alleged that they acted at the behest of the political figures. The court concluded that the local police had adequately investigated the case, and there was no evidence to suggest that the investigation was biased or incomplete.

Conclusion:

The court dismissed the petition to transfer the investigation to the CBI, finding no merit in the allegations against the local police and the political figures. The court emphasized that the investigation had been conducted fairly, and the main accused had been arrested and charge-sheeted. The court also noted that if any additional evidence emerged during the trial, the trial court could summon additional accused under Section 319 Cr.P.C. The petition was dismissed to avoid delaying the final disposal of the case against the main accused.