DINUBHAI BOGHABHAI SOLANKI versus STATE OF GUJARAT & ORS.

Citation: [2014] 3 S.C.R. 932 · Decided: 25-02-2014 · Supreme Court of India · Bench: S.S. NIJJAR · Disposal: Disposed off

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

Judgment (excerpt)

A 
B 
[2014] 3 S.C.R. 932 
DINUBHAI BOGHABHAI SOLANKI 
v. 
STATE OF GUJARAT & ORS. 
(Criminal Appeal No. 92 of 2014) 
FEBRUARY 25, 2014 
[SURINDER SINGH NIJJAR AND A.K.SIKRI, JJ.] 
INVEST/GA TION: 
c 
Transfer of investigation - In the instant case, a social 
activist had filed PIL for stopping illegal mining in which, name 
of appellant and his nephew emerged as the power behind 
illegal mining mafia - They were impteaded as respondents 
and served - Next day the social activist was brutally killed -
D Father of activist dissatisfied with the progress of investigation 
fifed writ petition seeking transfer of investigation - High Court 
initially directed further investigation to be conducted by State 
under the supervision of the Special Commissioner of Police, 
Crime Branch - On submission of final report, High Court 
E finding that even further investigation was not impartial, by 
impugned order, transferred the case to CBI - Transfer 
challenged by the State - Held: Appellant before the High 
Court was none other than the father of the deceased - It was 
a cry for justice made by a person whose son was brazenly 
murdered - High Court recorded that all the circumstances put 
F 
together indicated that the investigation was controlled from 
the stage of registering the FIR and only the clues provided 
by the accused persons themselves were investigated to 
close the investigation by filing charge-sheet and further 
investigation had not served any purpose - Therefore, the 
G investigation with the lapses and lacunae as a/so the unusual 
acts of omission and commission did not inspire confidence 
- After recording the said observation, it was noticed by High 
Court that the investigation was being transferred to CBI to 
instill confidence of the general public in the investigation, 
H 
932 
DINUBHAI BOGHABHAI SOLANKI v. STATE OF 
933 
GUJARAT & ORS. 
keeping in mind the seriousness of the case having far A 
reaching implications - No interference with the transfer of 
investigation to CBI. 
Transfer of investigation - Rights of accused -
Opportunity of hearing and impleadment of accused -Held: 8 
Fair, unbiased and transparent investigation is a sine quo non 
for protecting the accused - It is not necessary to give an 
opportunity of hearing to the proposed accused as a matter 
of course - If prior notice and an opportunity of hearing have 
to be given in every criminal case before taking any action C 
against the accused person, it would frustrate the entire 
objective of an effective investigation - In the instant case, 
there was no obligation for High Court to either hear or to 
make appellant a party to the proceedings before directing 
that the investigation be conducted by CBI. 
Transfer of investigation - Adverse remarks recorded by 
High Court while considering transfer of investigation to CBI 
- Expunction of - Instant appeal by appellant challenging the 
remarks maae by High Court against him in impugned order 
D 
on the ground that the said remarks would gravely prejudice E 
his case at trial and praying for rehearing of writ petition and 
expunction of remarks - Held: High Court observed that 
investigation all throughout was far from fair, impartial, 
independent or prompt - Mere mention of the appellant as the 
prime suspect was not a conclusion reached by High Court -
F 
No categorical findings were recorded about the involvement 
of the appellant in the crime of conspiracy - It was clarified in 
the impugned judgment that the observations made were only 
for the limited purpose of deciding whether further 
investigation was required to be handed over to CBI, and they G 
shall not be construed as expression of an opinion on any 
particular aspect of the investigation carried out - After 
recording the said clarification, it was noticed that the 
investigation was being transferred to CBI to instill confidence 
of the general public in the investigation, keeping in mind the 
H 
934 
SUPREME COURT REPORTS 
[2014] 3 S.C.R. 
A seriousness of the case having far reaching implications -
Adverse remarks recorded by High Court are not expunged 
- However, trial court is directed to keep in mind that any 
observations made by High Court, which may appear to be 
adverse to appellant, were confined only to the determination 
B 
of the issue as to whether the investigation is to be transferred 
to CBI. 
ADMINISTRATION OF CRIMINAL JUSTICE: Held: 
Essence of criminal justice system is to reach the truth - The 
C u

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