LexGUDALURE M. J. CHERIAN AND ORS. versus UNI0N OF INDIA AND ORS.
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GUDALURE M. J. CHERIAN AND ORS. v. UNI0N OF INDIA AND ORS. DECEMBER 9, 1991 [KULDIP SINGH AND M. FATHIMA BEEVI, JJ.] Constitution of India, 1950 ·: ... Art. 32-Public Interest Litigation-Assault and rape on nuns-Allega- tion that police arresting wrong persons and not real culprits-'-1 nvestigation A B by CBJ-Directions given. C · · On the night between July 12/13, 1990 three miscreants entered the residentia.1 quarters of· a school run by a Christian Missionary, and assaulted the maid servant and some sisters; The miscreants also commit- ted rape on two of the sisters and had beaten the sisters and threatened to kill them. They also ransacked the house and ·after breaking open· the D almirah looted Rs. 1,11,000/- and snatched away the wrist watches and also the earrings of the maid servant. · Police arrested four persons and recovered some wrist watches from them. Charge-sheet was filed. According to the police the sisters and the E maid-servant recognised the accused and the wrist watches. However, the sisters and the maid servant did not come forward to identify the accused and the stolen property, before the Magistrate. They stated that the four persons arrested were not the culprits and that there were 3 and not 4 culprits involved in the incident. The trial was pending F in the SeSsions Court. Meanwhile 3 prominent Citizens filed in public interest the present Writ Petitions before this Court contending that the investigation of the case be entrusted to the CBI and for transfer of the case to another Court. Disposing of the Writ Petitions, this Court, HELD : 1. The investigation having been completed by the police and charge-sheet submitted to the Court, it is not for this Court, ordinar- G ily, to re-open the investigation specially by entrusting the same to a specialised agency like CBI. Oflate the demand for CBI investigation even H 251 252 SUPREME c;OURT REPORTS [1991)" SUPP. 3 S. C.R. A in police cases is on the increase. Nevertheless in a given situation, to do justice between ,the parties and to instil confidence in the public mind it may become necessary to ask the CBI to investigate a crime. It only shows the efficiency and the independence of the agency. [254-H; 255·A] 2. The Nuns who are victims of the tragedy are not coming forward B to identify the culprits in an identification parade before the Magistrate. Allegedly the four persons who have been set up as accused by the police are not the real culprits and the police is asking the Sisters to accept the four arrested persons as· culprits. In the face of these averments and keeping in view the facts and circumstances of this case, ends of justice would be met by directing the CBI to hold further investigation in respect C of the said offences. The CBI shall take up the investigation of the case immediately. The Senior Superintendent Police and the Station House Officer concerned shall assist the CBI in conducting tht! investigation. The State of Uttar Pradesh through its Chief Secretary and the Home Secre- tary is further directed to provide all assistance to the CBI in this respect. The CBI shall complete the investigation within three months and submit D its report in accordance with Jaw. [255 B, C & E] E F 3. The prayer for transfer of the criminal case is rejected. The criminal proceedings before the Sessions Court shall remain st.ayed till March 16, 1992. [255-D J ORIGINAL JURISDICTION: Writ Petition (Crl.)No. 1753-55of1990. Under Article 32 of the Constitution of India. Ms. Lily Thomas for the Petitioners. A.S. Pundir, Vijay Hansaria, Sunil Jain, Shivi Sharma; N.N. Sharma, Mrs. Anil Katiyar and Ms. A. Subhashini (NP) for the Respondents. The Judgment of the Court was delivered by G KULDIP SINGH, J. This petition under Article 32 of the Constitution H of India, in public interest, has been filed by three prominent Citizens regarding the alleged rape of two Nuns at Gajraula in Uttar Pradesh on July 13, 1990 by criminals who broke into the residential quarters of St. Mary's Convent School and assaulted several other Nuns before decamping with about Rs.1.10 lakhs in cash. - · M.J. CHERIAN v. U.0.1. [KULDIP SINGH, J.] 253 This Court issued notice on November 26, 1990. Counter affidavits have A been filed by senior Superintendent of Police, Muradabad, Shri Subhash Kajla, S.H.O., Gajraula police station at the relevant time, and Dr. Meera Singh who medically examined t
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