LexMITHILESH KUMAR SINGH versus STATE OF RAJASTHAN
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A B [2014] 13 S.C.R. 1362 MITH I LESH KUMAR SINGH V. STATE OF RAJASTHAN (Writ Petition (Crl.) No. 240 of 2011) DECEMBER 11, 2014 [T. S. THAKUR, ADARSH KUMAR GOEL AND R. BANUMATHI, JJ.] C Investigation- Transfer of- From local police to Central Bureau of Investigation (CBI) - In the case of mysterious death of a college girl - Sought by the father of the girl (petitioner)-Alleging that the death was result of ragging by the senior students and that there were deficiencies and 0 contradictions in the findings of the investigating agency - Held: Per Majority: In view of sensitivity of the case and the circumstances pointed out by the petitioner, the investigation needs to be transferred from local police to CBI - Per Minority: In the present' case, the materials show that proper E investigation was conducted by the local police - Handing over of instigation to CBI can be done only in exceptional circumstances - There is no special situation in the present case warranting investigation by CBI. Investigation- Fairness and propriety of- Requirement F for - Held: Per Thakur, J. : In an adversarial system of administration of justice, fairness of investigation is the very first requirement for the fairness of a trial. Investigation- Transfer of - From one agency to another - Criteria for - To be adopted by the Court - Held: Per G Thakur, J. : The court, in exercise of its extra-ordinary power should transfer the investigation only when there is reasonable apprehension about justice becoming a victim because of shabby or partisan investigation - The sensibility of the victims or their next kin is not wholly irrelevant - The H 1362 MITHILESH KUMAR SINGH v. STATE OF RAJASTHAN 1363 hallmark of a transfer is the perceived independence of the A transferred more than any other consideration. Allowing the Writ petition, the Court HELD: MAJORITY OPINION : . PER T.S. THAKUR, J. B 1. Importance of a fair and proper investigation cannot be understated. In an adversarial system of administration of justice, fairness of investigation is the very first requirement for the fairness of a trial. A trial C based on a partisan motivated, one sided, or biased investigation can hardly be fair. That is because while . the trial·itself may be procedurally correct, the essence and the purpose thereof may be vitiated by an unfair or ineffective investigation. [Para 3][1369-D-F] 2. It is only when there is a reasonable apprehension about justice becoming a victim because D of shabby or partisan investigation that the Court may step in and exercise its extra ordinary powers. The sensibility of the victims of the crime or their next of kin E is not wholly irrelevant in such situations. Unless the Court sees any design behind the prayer for transfer, the same must be seen as an attempt only to ensure that the truth is discovered. The hallmark of a transfer is the perceived independence of the transferee more than any F other consideration. Discovery of truth is the ultimate purpose of any investigation and who can do it better than an agency that is independent. [Para 9][1373-E-H; 1374-A-B] 3. Transfer can be ordered once the Court is G satisfied on the available material that such a course will promote the cause of justice, in a given case. In the present case circumstances leading to the death of young college student girl have become the subject H 1364 SUPREME COURT REPORTS [2014] 13 S.C.R. A matter of investigation. The issue is sensitive not only because of loss of an invaluable human life but also because of the reasons which are sought to be attributed for the sordid affair. The circumstances which the petitioner has referred to in the writ petition and the B written submissions as also the contentions that were urged before this court in the course of the hearing may or may not be conclusive in their import but those circumstances need to be suitably looked into by an independent investigating agency like the CBI lest an c incomplete, indifferent or ineffective investigation leads to failure of justice. Therefore, the investigation is directed to be transferred to the Central Bureau of Investigation. Therefore, the investigation is directed to be transferred to the Central Bureau of Investigation. o [Paras 12, 13 and 14][1375-C-H] Manu Sharma v. State (NCT of Delhi) (2010) 6 SCC 1 : 2010 (4) SCR 103; Nirmal Singh Kah/on v. State of Punjab (2009) 1 SC
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