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TMI Blog2014 (12) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... of the college, chief warden, warden and other staff, doctors and all the concerned persons. Based upon the statement of witnesses, medical report and other materials, the investigating officer found that it is a case of suicide and filed the final report. I am refraining from entering upon the details thereof, lest, it may prejudice any party. Upon consideration of the materials, in my view, proper investigation has been conducted. - HAVING regard to the materials on record, in my considered view, the case in hand is not such an exceptional situation warranting special investigation by the CBI. - Appeal disposed of. - WRIT PETITION (CRL.) NO. 240 OF 2011 - - - Dated:- 11-12-2014 - A.K.GOEL, R.BANUMATHI T.S.THAKUR, JJ. JUDGEMENT T.S. Thakur, J. - ( 1. ) I have had the advantage of going through the order proposed by my noble sister Banumathi J. I regret to say that I have not been able to persuade myself to agree to the dismissal of the writ petition which in my opinion raises sensitive issues touching not only the fairness of investigation in a case involving death of a young college student in suspicious circumstances but also whether the sordid episode was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence of a pregnancy or a 14 week old foetus. This according to the Petitioner belies the story that the deceased was pregnant which could give her a possible reason to commit suicide. The Petitioner's case also is that a complaint about harassment by the ragging had been made to the college authorities who did not act in the matter. The Petitioner alleges that the deceased had remained unattended on the ground after the fall for about half an hour because of the negligence of the college authorities. There is also an allegation that although the deceased had sustained serious injuries which eventually proved fatal no complaint or report was lodged by the college authorities with the police. No statement or dying declaration of the deceased was recorded during the time she was in the hospital even though she was conscious and oriented. The medical record has been, according to the Petitioner, fabricated as the college is owned and run by influential people in the state of Rajasthan, apart from the fact that a senior doctor in the hospital is related to one of the Respondents. There are also allegations of the college authorities having pressurized the younger sister of the decea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peace and harmony in the society. A victim of a crime thus is equally entitled to a fair investigation. ( 4. ) TO the same effect is the decision of this Court in Sasi Thomas v. State and Ors. : (2006) 12 SCC 421, where fairness of investigation was recognized as an important facet of the rule of law. The Court said: Proper and fair investigation on the part of the investigating officer is the backbone of rule of law. A proper and effective investigation into a serious offence and particularly in a case where there is no direct evidence assumes great significance as collection of adequate materials to prove the circumstantial evidence becomes essential. Unfortunately, the Appellant has not been treated fairly. When a death has occurred in a suspicious circumstance and in particular when an attempt had been made to bury the dead body hurriedly and upon obtaining apparently an incorrect medical certificate, it was expected that upon exhumation of the body, the investigating authorities of the State shall carry out their statutory duties fairly. Reference may also be made to Zahira Habibulla H. Sheikh and Anr. v. State of Gujarat and Ors. : (2004) 4 SCC 158, where the Court hel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only the fair trial but fair investigation is also part of constitutional rights guaranteed Under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. Investigating agency cannot be permitted to conduct an investigation in tainted and biased manner. Where non -interference of the court would ultimately result in failure of justice, the court must interfere. In such a situation, it may be in the interest of justice that independent agency chosen by the High Court makes a fresh investigation. ( 6. ) SUCH being the importance of fair and proper investigation, this Court has in numerous cases arising out of several distinctly different fact situations exercised its power of transferring investigation from the State/jurisdictional police to the Central Bureau of Investigation under Delhi Police Establishment Act. There was mercifully no challenge to the power of this Court to direct such a transfer and in my opinion rightly so as the question whether this Court has the jurisdiction to direct transfer stands authoritatively settled by the Constitution bench of this Court in S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 994) 6 SCC 275 this Court transferred investigation to the CBI even when the investigation was being monitored by senior officers of the State Police. So also in R.S. Sodhi Advocate v. State of U.P. and Ors. : 1994 (Supp) (1) SCC 143 investigation was transferred even when the State police was doing the needful under the supervision of an officer of the rank of an Inspector General of Police and the State Government had appointed a one member Commission of Inquiry headed by a sitting Judge of the High Court to enquire into the matter. This Court held that however faithfully the police may carry out the investigation the same will lack credibility since the allegations against the police force involved in the encounter resulting in the killing of several persons were very serious. The transfer to the CBI, observed this Court, would give reassurance to all those concerned including the relatives of the deceased that an independent agency was looking into the matter. ( 8. ) REFERENCE may also be made to the decision of this Court in State of Punjab v. CBI, (2011) 9 SCC 182 where this Court upheld the order transferring investigation from the State Police to the CBI in connection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion as is permissible in accordance with law. I make it clear that I have expressed no opinion as to the merits of the case or the complicity of anyone associated with the incident directly or indirectly. Observations made in this order shall be treated to have been made only for the purposes of deciding whether or not an order of transfer is justified. No Costs. R. Banumathi, J. This writ petition has been filed by the Petitioner seeking writ of mandamus to initiate an independent investigation by the Central Bureau of Investigation (CBI) into the death of his daughter S.S., a student of B. Tech 1 Year of Rajasthan College of Engineering for Women, Jaipur, who succumbed to injuries which she sustained by falling from the IVth floor railing of her hostel room. ( 11. ) BRIEFLY stated case of the Petitioner is as follows: The Petitioner is a resident of Bihar and is working at Visakhapatnam. Petitioner's two daughters, namely, S.S. and T.S., took admission in B. Tech on 25.8.2011 in Rajasthan College of Engineering for Women, Jaipur and were admitted in the college hostel. Petitioner contends that on 2.9.2011 his two daughters were ragged by two senior girls of 2nd ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of India, Petitioner has filed this writ petition, stating that grave injustice has been done to his daughter which is in violation of the fundamental rights. The Petitioner contends that the college authorities have connived with the police and the hospital so as to save the college from being levelled allegations of ragging. The Petitioner contends that the investigation conducted by the State police is biased and therefore seeks direction to entrust the investigation to CBI. ( 13. ) RESPONDENT Nos. 1 to 4, namely, the police authorities and the State of Rajasthan, have filed their counter affidavits contending that none of the statements of the sister of deceased, other friends, Principal of the college, chief warden, warden and other staff and members revealed about any incident of ragging. Respondent Nos. 1 to 4 contend that considering the pain and agony of the family of the deceased, they conducted a fair investigation in a proper manner so as to sub -serve the best interest of justice. It is averred that the investigation of the case was conducted under the direction of the senior officers and during investigation no evidence of ragging was found and it was found to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pur. The State police recorded the statement of the sister of deceased, other classmates, principal of the college, chief warden, warden and other staff, doctors and all the concerned persons. Based upon the statement of witnesses, medical report and other materials, the investigating officer found that it is a case of suicide and filed the final report. I am refraining from entering upon the details thereof, lest, it may prejudice any party. Upon consideration of the materials, in my view, proper investigation has been conducted. Observing that handing over investigation to the CBI can be ordered only in an exceptional situation and such an order is not to be passed as a routine merely because a party has levelled vague allegations, a Constitution Bench of this Court in State of West Bengal and Ors. v. Committee for Protection of Democratic Rights, West Bengal and Ors. : (2010) 3 SCC 571, in paragraph (70) held as under: 70. Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self -imposed limitations on the exercise of these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . She was not properly attended and she died on account of injuries and negligence. To cover up the truth and to save the reputation of the college, false medical record was prepared to show that she had fourteen weeks' pregnancy on account of which she committed suicide by jumping from the fourth floor. According to the Petitioner, the local police did not conduct fair investigation and filed final report wrongly declaring the case to be that of suicide. Accordingly, the Petitioner has approached this Court for a direction to shift the investigation to C.B.I. so that truth could be ascertained and justice done. The case of the college authorities and the local police, on the other hand, is that she jumped from the fourth floor and the college authorities took all possible steps for her treatment. Reliance has also been placed on medical report to the effect that she had fourteen weeks' pregnancy and on account of that she wanted to end her life. As a result of her fall, pregnancy was aborted but she did not agree to the removal of fetus which led to septicaemia and her death. 28. We have given anxious consideration to the issue. At this stage, the only question is wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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