SC: Menstrual Health is a Fundamental Right under Article 21; Orders Free Sanitary Pads in Schools  ||  Supreme Court: Industrial Court is the Proper Forum to Decide Issues Relating to Contract Labour  ||  Supreme Court: Only Civil Court of Original Jurisdiction Can Extend Arbitral Tribunal’s Mandate  ||  SC: Demolition of Private Property Must Rest on Clear Statutory Grounds and Due Consideration  ||  SC: After Complaint Was Withdrawn, BCI Disciplinary Committee Could Not Penalise Advocate  ||  MP HC: Decree Holder Cannot Defeat Compromise or Initiate Execution by Refusing Debtor’s Cheque  ||  MP HC: Spouse’s Income Cannot Be Clubbed With Public Servant’s for Disproportionate Assets Case  ||  Ker HC: Bar Association is Not Employer & Cannot Form Internal Complaints Committee under POSH Act  ||  SC: Ex-Contract Workers Must Be Preferred When Employers Replace Contract Labour With Regular Staff  ||  SC: Waqf Tribunals Cannot Hear Claims over Properties Not Listed or Registered under Waqf Act    

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