BIMAL GURUNG versus UNION OF INDIA & ORS.

Citation: [2018] 4 S.C.R. 843 · Decided: 16-03-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Dismissed

Cited by 1 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

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[2018] 4  S.C.R. 843
843
BIMAL GURUNG
v.
UNION OF INDIA & ORS.
(Writ Petition (Criminal) No. 182 of 2017)
MARCH 16, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Investigation: Transfer of investigation to independent
agency – Exercise of power for transferring investigation must be
in rare and exceptional cases where the court finds it necessary in
order to do justice between the parties and to instil 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 when it is imperative to retain public confidence
in the impartial working of the State agencies.
Investigation: Transfer of investigation to central investigating
agency – Writ petition seeking transfer of investigation of all FIRs
lodged against the petitioner and other members of Gorkha Janmukti
Morcha (GJM) to an independent investigation agency – FIRs relates
to various offences under IPC, Prevention of Destruction of Property
Act, Arms Act, Indian Explosives Act, WBMPO Act and National
Highway Act – Petitioner’s case was that in the light of stand off
between the State of West Bengal over the issue of separate State
for Ghorkhaland, many prominent leaders and members of GJM
were falsely implicated in frivolous cases and there was an imminent
threat to their safety and life – Prayer for transfer was on the ground
that there was bias and prejudice against petitioner and all members
of GJM and the investigation carried out against the members of
GJM was clearly politically motivated – Held: The records show
that there was sufficient material to indicate the severe damage to
life and property in the District of Darjeeling and Kalimpong and
the protest was no longer peaceful and democratic – Deaths of
several persons which included police personnel is admitted by both
the parties – Names of petitioner and other members of GJM
appeared in large number of cases – The State is obliged to maintain
law and order and protect life and property of the citizens – The
cases lodged in the FIR submitted at the instance of the Police or
other complainants cannot be discarded on the specious plea that
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SUPREME COURT REPORTS
[2018] 4 S.C.R.
they have been lodged due to bias of the State and with the intent to
persecute the petitioner – No bias or mala fide has been pleaded
against any individual State functionary or police officer nor any
such person has been impleaded in the writ petition so as to consider
the allegation of bias – In the facts of the case, it is not a fit case to
exercise jurisdiction under Art.32 to transfer the cases en masse to
an independent agency.
Public functionaries:  Duties and powers – The “State” is a
political unit vested with constitutional duties and obligations – The
Governor of the State formally represent the State in whom the
executive power of the State is vested and exercised by him either
directly or through officers subordinate to him in accordance with
the Constitution of India – Under List II, Entry I of Seventh Schedule
of the Constitution, “public order” is a subject allocated to the
State – All legislative and executive powers in reference to public
order is thus vested in the State – The State functions through its
various organs consisting of different personnels and authorities –
State functionaries have their own rights and obligations entrusted
to them under different Statutes governing the field.
Police Administration: Duties and powers – The authorities
and police officers, who are entrusted different obligations and
functions under the Code of Criminal Procedure, has to act as
ordained by the Code – It is an obligation of the police officers to
register a First Information Report when they receive any information
regarding commission of a cognizable offence – For recording such
offences, they are neither required to await any instructions from
any authority or State nor they have to abdicate their obligation to
register F.I.R. as required by Cr.P.C.
Constitution of India: Arts.19(1)(a) and (b) – Right to hold
demonstration, limitation – Held: Arts.19(1)(a) and (b) gives
constitutional right to all citizens freedom of speech and expression
which includes carrying out public demonstration also but public
demonstration when becomes violent and damages the public and
private properties and harm lives of people, it goes beyond
fundamental rights guaranteed under Art.19(1) and becomes an

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