NARMADA BAI versus STATE OF GUJARAT AND ORS

Citation: [2011] 5 S.C.R. 729 · Decided: 08-04-2011 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Case Allowed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

(2011] 5 S.C.R. '729 
NARMADA BAI 
A 
v. 
, · STATE OF GUJARAT AND ORS .. 
· (Writ Petition (Criminal) No. 115 of 2007) 
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[P. SATHASIVAM AND,, DR: B.5. CHAUHAN,, JJ.l 
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- " Investigation/inquiry: Allegation against high police 
officials and senior politician - Filing of charge-sheet by the , 
State. agency -
Writ petition seeking investigation· by C 
specialize<;} agency -
Held: In an appropriate case, 
particularly, when the court feels that the investigation by the 
State police authorities is not in the. proper direction as the . 
high police officials are involved, in order to do complete 
justice, "it is always open· to· the Court to 'hand over the 
D 
investigation ·to an independent and specialized ·agency like 
the CBI even when charge sheet is submitted - lil the instant · 
case, the petitioner sought transfer of case 'to CBI to 
investigate fake encounter killing of her son (victim) -'It was 
the definite case of the CBI that the' abduction of 'S' and 'K; 
E 
the associate of victim and their subsequent murders as well 
as the murder of the victim were one series of acts, so 
connected together as to form the same transaction ills. 220, 
Cr. P. C. and if two parts of the saine transaction were 
investigated and prosecuted by different agencies,; it might' F 
cause failure of justice not only in one case but in other trial 
as well - ·There was substantial material already on record 
which made it probable that the prime motive of elimination 
of victim was that he was a witness to abduction of 'S' and 'K' 
- Evidence raised strong suspicion that the encounter was 
G 
fake and stage managed as predicted by victim prior to his 
death - Much before the incident of alleged fake encounter, 
complaints were lodged bY. victim in writing to the Collector 
and to the NHRC expressing the apprehension that he was . 
729 
H 
730 
SUPREME COURT REPORTS 
[2011) 5 S.C.R. 
A likely to be killed by Gujarat and Rajasthan police - It is the 
age old maxim that justice must not only be done but must 
be seen to be done - The fact that senior police officials and 
a senior politician were accused may shake the confidence 
of public in investigation conducted by the State Police - The 
s analysis of the materials showed several lacuna on the part 
of the investigation by the State Government - In view of 
circumstances and in the light of the involvement of police 
officials of the State of Gujarat and police officers of two other 
States, i.e. Andhra Pradesh and Rajasthan, it is not desirable 
c to allow the Gujarat State Police to continue with the 
investigation - Accordingly, to meet the ends of justice and 
in the public interest, the CBI is directed to take over the 
investigation - Police Authorities of the Gujarat State are 
directed to handover all the records of the case to the CBI. 
D 
Criminal trial: Transfer of investigation to CBI ordered by 
the Supreme Court - Submission of report by CBI and 
subsequent monitoring - Held: Once a charge sheet is filed 
in the competent court after completion of the investigation, 
the process of monitoring by the Supreme Court for the 
E purpose of making the CBI and other investigating agencies 
concerned perform their function of investigating into the 
offences concerned comes to an end - Thereafter it is only 
the court in which the charge sheet is filed which is to deal 
with all matters relating to the trial of the accused, including 
F matters falling within the scope of s. 173(8) Cr.P.C. 
In *Rubabbuddin Sheikh case, the Supreme Court 
directed the CBI to investigate all aspects of the case 
relating to the killing of one 'S' and his wife 'K' in a fake 
G encounter. In the said judgment, the court recorded that 
· there was strong suspicion that the third person picked 
up with 'S' was 'T' and a possibility of "larger conspiracy" 
and that killing of 'T' was part of the same conspiracy. 'T' 
was stated to be a key witness to the murder of 'S' and 
'K'. 
H-· 
NARMADA BAI v. STATE OF GUJARAT AND ORS. 
731 
The petitioner in the instant writ petition was the 
A 
mother of 'T'. The grievance of the petitioner was that her 
son had been done away by respondent Nos. 6-19, the 
officials of Gujarat and Rajasthan police in a fake 
encounter with the ulterior intent to shield themselves in 
the investigation emanating under the directions of the 
B 
Supreme Court in *Rubab

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