The has granted to an individual accused of murder while delivering a scathing rebuke of the for a critically flawed . Justice Girish Kathpalia, presiding over the matter, underscored significant procedural lapses that characterized the case, labeling the investigation as a textbook example of negligence. The court’s decision to release the petitioner, who had been in custody since , serves as a stern reminder of the judiciary’s role in protecting individual liberty against deficient state machinery.
The case originated from a murder charge under , following the death of a man whose body was discovered and reported to the hospital on . Despite the hospital reporting the death to the local police on the same day via a entry—clearly indicating an unnatural death—the was not registered until three days later, on . The court expressed deep frustration regarding this unexplained delay, noting that the investigation that followed was concluded with suspicious speed. Within less than four hours of the FIR's registration, the police claimed to have finalized their entire .
During the hearing, Justice Kathpalia highlighted the lack of accountability within the police force, specifically addressing the conduct of the
from the
. When pressed for evidence regarding the petitioner's arrest, the officer failed to produce the necessary
, asserting he did not have the case file, a failure mirrored by accompanying officers from the
. In his oral judgment, Justice Kathpalia remarked,
"This is a classic case of completely botched up investigation,"
before further observing,
"This reflects the scant respect that the local police has shown in this case concerning liberty of an individual."
The 's case rested on the allegation that the petitioner had engaged in an illicit affair with the deceased’s wife, Hema. It was further alleged that the petitioner, in coordination with the co-accused, administered alcohol to the victim before assaulting him fatally with fists and kicks. Despite these serious allegations, the evidentiary basis presented by the state was found wanting by the High Court. The state’s reliance on the "" doctrine was significantly undermined by the fact that the key witness, Nishant, did not know the petitioner and had not participated in any formal . The court noted that the identification occurred for the first time during testimony before the , rendering the initial investigation's reliance on this circumstance highly questionable.
Regarding forensic evidence, the cited the presence of the deceased's DNA on a ligature found at the scene. However, Justice Kathpalia clarified that while such evidence might establish the use of a ligature, it failed to directly implicate the petitioner, as there was no forensic link connecting him to the object. The court emphasized that such gaps in the are detrimental to a robust , particularly when public witnesses have already been examined, yet the trial progress remains sluggish, with only 10 out of 25 witnesses heard to date.
The High Court was careful to state that its findings were limited to the context of the and should not be construed as a final determination of guilt or innocence. It directed that the must remain independent in its assessment of the evidence during the final stages of the proceedings. Nevertheless, the combination of a delayed FIR, the absence of crucial arrest documentation, and the reliance on tenuous circumstantial evidence led the court to conclude that there was no justification for the continued incarceration of the petitioner.
In its final operative order, the court allowed the , directing the accused to be released upon furnishing a of ₹20,000, along with a of the same amount, to the satisfaction of the or . This decision signifies a critical check on police conduct, emphasizing that the state’s duty to maintain law and order must be balanced by strict adherence to procedural fairness and the protection of constitutional rights. The court has requested that a copy of the order be transmitted to the to ensure the immediate release of the accused, pending the next steps in the ongoing trial at the lower court. By granting this relief, the High Court has signaled that professional negligence during the investigative phase will not be overlooked when it impinges upon the .
police investigation failure - judicial oversight