RUBABBUDDIN SHEIKH versus STATE OF GUJARAT & ORS.

Citation: [2010] 1 S.C.R. 991 · Decided: 12-01-2010 · Supreme Court of India · Bench: TARUN CHATTERJEE · Disposal: Disposed off

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

Judgment (excerpt)

[2010) 1 S.C.R. 991 
RUBABBUDDIN SHEIKH 
v. 
STATE OF GUJARAT & ORS. 
(Writ Petition (Crl.) No. 6 of 2007 etc:) 
JANUARY 12, 2010 
[TARUN CHATTERJEE AND AFTAB ALAM, JJ.] 
A 
B 
Constitution of India, 1950 - Article 32 - Writ petition -
Seeking transfer of investigation to CBI - In a case of alleged 
abduction and fake encounter by State police authorities -
C 
Direction sought for registration of offence and investigation 
of alleged encounter of the material witness against the police 
officials - Writ of Habeas Corpus also sought to produce wife 
of the abducted person who was also alleged to be missing -
Investigation into the matter initiated by the State police in the 
D · 
matter on the direction of Registry of Supreme Court, which 
was issued on the basis of letter to the Chief Justice of India 
by the writ petitioner- Police filing eight Action Taken Reports 
before the Court - In one of the reports informed that dead 
body of the wife of abducted person disposed of - Hence no 
E 
formal writ of Habeas Corpus issued - Held: There are grave 
a/legations against high police officials - There are large and 
various discrepancies in Action Taken Reports and in 
investigation conducted by State Police - The investigation 
of the case is also spread over other States -
The 
F 
investigation by the local police was de hors the mandate of 
CrPC and not impartial - In the interest of justice and to instil 
confidence in the minds of victims as well as public, the 
investigation is handed over to CBI - In order to do complete 
justice in a case, court can handover investigation to CBI even 
G 
after submission of the charge-sheet by local police -
Investigation - Code of Criminal Procedure, 1973 - Chapter 
12. 
The writ petitioner sent a letter to the Chief Justice 
991 
H 
992 
SUPREME COURT REPORTS 
[2010] 1 S.C.R. 
A of India informing about killing of his brother 'S' in a fake 
encounter and disappearance of his sister-in-law 'K' at 
the hands of Anti Terrorist Squad of Gujarat Police and 
Rajasthan Special Task Force. The letter was forwarded 
by the Registry of Supreme Court to the Gujarat Police 
B to take action. After several reminders, enquiry was 
directed in the matter by the police. 
In the meantime the petitioner filed writ petition No. 
6 of 2007, seeking direction for investigation by CBI into 
the alleged abduction and fake encounter of 'S', and 
C registration of an offence and investigation by CBI into 
alleged encounter of 'T', a close associate of 'S'i who was 
a material witness against the police personnel. The 
petitioner also sought writ of habeas corpus to produce 
'K'. 
D 
The State filed its interim reports in the matter, 
wherein it was stated that further inquiry was required 
and also sought permission to interrogate 'T'. However, 
from records it appeared that 'T' during a transit remand, 
E escaped the police custody; and when the police 
personnel tried to apprehend him, 'T' assaulted them and 
then police personnel fired at him in self-defence, killing 
him. 
F 
As per direction of this Court, Gujarat Police filed 
eight Action Taken Reports in respect of the matter. In 
one of the Reports, the State brought to the notice of the 
Court that the body of 'K' was disposed of by burning. 
In view of the same, Supreme Court restrained itself from 
issuing a formal writ of Habeas Corpus. 
G 
Another Writ Petition No. 115 of 2007 was also filed 
by mother of 'T', alleging fake encounter of her son. She 
sought registration of the FIR in that case and its 
investigation by CBI. Contempt Petition was also filed in 
H the writ petition No. 6/2007. 
RUBABBUDDIN SHEIKH v. STATE OF GUJARAT & 993 
ORS. 
The question for consideration before this Court was 
A 
whether in the facts and circumstances of the case, it was 
just and proper to transfer the case to CBI Authorities or 
any other independent agency, when the charge-sheet 
had already been submitted by the local police. 
Disposing of the Writ Petition No. 6 of 2007 and 
contempt petition filed therein, and adjourning the 
hearing in the Writ Petition No. 115 of 2007, the court. 
B 
HELD: 1.1. In an appropriate case when the court 
feels that the investigation by the police authorities is not C 
in the proper direction and in order to do complete justice 
in the case and as the high police officials are involved 
in the said crime, it was always open to the court to hand 
over the investigation to the independent agency like CBI. 
It cannot be

Excerpt shown. Read the full judgment & AI analysis in Lexace.