2016 (1) TMI 1460 - SC - Indian Laws

Issuance of direction for transfer of the investigation to the CBI - murder of the wife of the Appellant - HELD THAT - A three-Judge Bench in PROF. K.V. RAJENDRAN VERSUS SUPERINTENDENT OF POLICE, CBCID SOUTH ZONE, CHENNAI ORS. 2013 (8) TMI 1055 - SUPREME COURT reiterating the said principle stated that the power of transferring such investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instill confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary for having a fair, honest and complete investigation , and particularly, when it is imperative to retain public confidence in the impartial working of the State agencies. The factual scenario in the present case has to be appreciated on the touchstone of the aforesaid authorities. As the facts would reveal there was a request by the Additional Chief Secretary for handing over the investigation to the CBI; that departmental action was taken against the investigating authorities for negligent investigation; that the concerned ASI has been reverted to the post of Head Constable; and that apart, certain material witnesses have not been examined by the investigating agency without any rhyme or reason. The reasoning of the High Court is as the trial has commenced, there cannot be a transfer of the case to another investigating agency. The power to order fresh, de-novo or re-investigation being vested with the Constitutional Courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation. It can never be forgotten that as the great ocean has only one test, the test of salt, so does justice has one flavour, the flavour of answering to the distress of the people without any discrimination - it is directed that the CBI shall conduct the investigation and file the report before the learned trial judge. The said investigation report shall be considered by the trial judge as per law. Appeal allowed.

Summary

Issues Involved:
1. Fair trial and investigation.
2. Transfer of investigation to the Central Bureau of Investigation (CBI).
3. Examination of principles laid down in previous judgments.
4. Role and power of constitutional courts in ordering further or fresh investigation.

Issue-wise Detailed Analysis:

1. Fair Trial and Investigation:
The judgment emphasizes the importance of a fair trial and investigation, highlighting that justice should be "truth in action" and must be rendered to everyone. The case at hand involves severe allegations of rape and murder, where the victim's family alleged that the investigation was biased and ineffective, leading to a plea for intervention by higher courts. The court noted the victim's distress and the collective agony faced due to the perceived failure of the investigating agency to conduct a proper investigation.

2. Transfer of Investigation to the CBI:
The Supreme Court scrutinized whether the investigation should be transferred to the CBI. The High Court had denied this transfer, citing the commencement of the trial and the examination of some witnesses. However, the Supreme Court considered the recommendations from the Superintendent of Police and the Additional Chief Secretary, which suggested transferring the case to the CBI due to negligent investigation by local authorities. The court also noted the departmental actions taken against the investigating officers for their dereliction of duty.

3. Examination of Principles Laid Down in Previous Judgments:
The judgment refers to the principles established in the case of "State of West Bengal and Ors. v. Committee for Protection of Democratic Rights, West Bengal and Ors. (2010) 3 SCC 571," which allows constitutional courts to direct the CBI to take up investigations in exceptional situations. The court emphasized that such power should be exercised sparingly and only when necessary to instill confidence in the investigation. Additionally, the judgment cited "Narmada Bai v. State of Gujarat and Ors. (2011) 5 SCC 79" and "K.V. Rajendran v. Superintendent of Police, CBCID South Zone, Chennai and Ors. (2013) 12 SCC 480," reinforcing the principle that fair and impartial investigation is crucial for upholding the rule of law.

4. Role and Power of Constitutional Courts in Ordering Further or Fresh Investigation:
The judgment elaborates on the power of constitutional courts under Articles 32 and 226 of the Constitution to order further, fresh, or de novo investigation. The court clarified that the commencement of a trial does not preclude the exercise of this power if it is necessary to ensure a fair investigation. The court stressed that the purpose of justice requires addressing the grievances of the victim, and the stage of the trial should not be a barrier to ordering a fresh investigation by the CBI.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's order, and directed the CBI to conduct the investigation and file a report before the trial judge. The trial judge was instructed not to proceed with the trial until the CBI's investigation report was submitted. The judgment underscores the importance of fair and impartial investigation in maintaining public confidence in the justice system and ensuring that justice is served without discrimination.