SC: Hard to Believe Married Woman Was Lured Into Sex by False Marriage Promise; Case Quashed  ||  SC: Properties Acquired by Karta are Presumed to be Joint Hindu Family Assets unless Proven Otherwise  ||  SC: Trial Courts Must Record that Free Legal Aid was Offered to Accused Before Witness Examination  ||  SC: State Government Employees Cannot Claim Dearness Allowance Twice a Year Unless Rules Allow  ||  P&H High Court: Anticipatory Bail on Settlement Can be Revoked if Compromise is Broken  ||  Delhi High Court: Consenting Adults can Choose Life Partners Without Societal or Parental Approval  ||  Cal HC: Excessive Palm Sweating Alone Cannot Render Candidate Medically Unfit for CAPF Appointment  ||  Del HC: Mother's Right to Education and Personal Growth Cannot be Restricted Due To Custody Disputes  ||  SC: Under RTE Act, States Cannot Justify Low Teacher Pay by Citing Centre’s Failure to Release Funds  ||  Supreme Court: While a Child’s Welfare is Paramount, It is Not the Sole Factor in Custody Disputes    

Dharam Pal v. State of Haryana & Ors. - (29 Jan 2016)

Imperium of Constitutional Courts cannot be stifled

Criminal

Whereas the Supreme Court recently rejected a petition asking for investigation by the Central Bureau of Investigation into an alleged iron ore mining scam, it was anything but reticent allowing it in the instant case. In preceding proceedings, the High Court, determining whether it could transfer investigation of a crime to the CBI, had relied on the principle of “stage”. Despite irregularities in conduct of the police, the court had accepted that since trial had commenced and several witnesses had been examined investigation could not be transferred to the CBI.

The Supreme Court, in light of investigative deficiencies and irregularities, ruled that “stage” of proceedings could not be allowed as stumbling blocks to reinvestigation. Reviling the loss of democracy “if a citizen feels, the truth uttered by a poor man is seldom listened to”, it placed courts’ duties of upholding the truth and law as uppermost. As such, Constitutional Courts could not be fettered into accepting trial based on an unfounded investigation. In the instant case, material witnesses to the crime had not been examined and irregularities in police departments had been found.

Relevant : State of West Bengal and Ors. v. The Committee for Protection of Democratic Rights, West Bengal and Ors. MANU/SC/0121/2010 Prof. K.V. Rajendran v. Superintendent of Police, CBCID South Zone, Chennai and Ors.MANU/SC/0842/2013

Tags : REINVESTIGATION   CBI   IRREGULARITY   SC/ST  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved