2010 Supreme(SC) 46

2010 (1) Supreme 196
SUPREME COURT OF INDIA
Tarun Chatterjee and Aftab Alam,JJ.
Rubabbuddin Sheikh — Appellant
versus
State of Gujarat & Ors. — Respondents
Writ Petition (Crl.) No. 6 of 2007
Decided on : 12-01-2010

IMPORTANT POINTS
1. Even if the charge sheet is submitted it is still open to the court to direct investigation to be made by the CBI Authorities.
2. In an appropriate case when the court feels that the investigation by the police authorities is not 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 is always open to the court to hand over the investigation to the independent agency like CBI

Headnote:Constitution of India,1950 – Writ petition filed by petitioner seeking a direction for investigation by the Central Bureau of Investigation into the alleged abduction and fake encounter of the brother of the writ petitioner S by the Gujarat Police Authorities – Writ petitioner also sought registration of an offence and investigation by CBI into the alleged encounter of one T, a close associate of S, who was allegedly used to locate and abduct S and his wife K, and was thus a material witness against the Police personnel – Writ petitioner further sought a writ of habeas corpus to produce K, the sister–in–law of writ petitioner – Plea of respondent State that investigation could not be transferred to CBI Authorities or any other independent agency when the charge sheet had already been submitted –. Having gone through the eight Action Taken Reports submitted by the Police Authorities before Court and after considering materials on record and considering the nature of offence sought to be investigated by State Police Authorities who were themselves involved in such crime, contention that the investigation at this stage could not be handed over to CBI Authorities or any other independent agency held unacceptable – It is an admitted position in the present case that the accusations were directed against the local police personnel in which High Police officials of the State of Gujarat had been made the accused – Therefore, it would be proper for the writ petitioner or even the public to come forward to say that if the investigation carried out by the police personnel of the State of Gujarat is done, the writ petitioner and their family members would be highly prejudiced and investigation would also not come to an end with proper finding and if investigation is allowed to be carried out by local police authorities, all concerned including the relatives of the deceased may feel that investigation was not proper and in that circumstances it would be fit and proper that the writ petitioner and the relatives of deceased should be assured that an independent agency should look into the matter and that would lend the final outcome of the investigation credibility – It is also well known that when police officials of State were involved in the crime and in fact they are investigating the case, it would be proper and interest of justice would be better served if the investigation is directed to be carried out by the CBI Authorities, in that case CBI authorities would be an appropriate authority to investigate the case, – Hence held that it could safely be concluded that in an appropriate case when the court feels that the investigation by the police authorities is not in 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 said that after the charge sheet is submitted, the court is not empowered, in an appropriate case, to hand over the investigation to an independent agency like CBI. (Paras 47 to 54)

        Constitution of India,1950 – Writ petition filed by petitioner seeking a direction for investigation by the Central Bureau of Investigation into the alleged abduction and fake encounter of the brother of the writ petitioner S by the Gujarat Police Authorities – Writ petitioner also sought registration of an offence and investigation by CBI into the alleged encounter of one T, a close associate of S, who was allegedly used to locate and abduct S and his wife K, and was thus a material witness against the Police personnel – Writ petitioner further sought a writ of habeas corpus to produce K, the sister–in–law of writ petitioner – Careful examination of materials on record including eight Action Taken Reports submitted by State Police Authorities showed that there were large and various discrepancies in such reports and the investigation conducted by the police authorities of State of Gujarat and also charge sheet filed by the State Investigating Agency could not be said to have run in a proper direction – It appeared from the charge sheet itself that it did not reveal the identity of police personnel of Andhra Pradesh even when it stated that S and two others were picked up by Gujarat Police Personnel, accompanied by seven personnel of Hyderabad Police – It also appeared from the Chargesheet that K was taken into one of the two Tata Sumo Jeeps in which these police personnel accompanied the accused – They were not even among the people who were listed as accused- From the charge sheet, it also appears that the third person was ‘sent somewhere’ – However, it appears that literal translation of the Chargesheet in Gujarati would mean that he was ‘anyhow made to disappear’ – This, showed that an attempt was made by investigating agency of State of Gujarat to mislead the Court – With respect to the killing of K, it was only stated that she was seen in the company of the ATS personnel, on 26.11.2005 and her dead body was taken for cremation on 29.11. 2005 – It was not clear from eight Action Taken Reports filed by the police authorities of State of Gujarat as to what happened to K in meanwhile, nor was the mode of killing stated – From factual discrepancies appearing in eight Action Taken Reports and from the charge sheet, held that the police authorities of the State of Gujarat had failed to carry out a fair and impartial investigation – In the facts and circumstances police authorities of the State directed to hand over the records of the present case to the CBI Authorities – The CBI Authorities shall investigate all aspects of the case relating to killing of S and his wife K including alleged possibility of a larger conspiracy. (Paras 55 to 66)

       Facts of the Case :

        Writ petition was filed by petitioner herein in the instant case seeking a direction for investigation by the Central Bureau of Investigation into the alleged abduction and fake encounter of the brother of the writ petitioner S by the Gujarat Police Authorities. Writ petitioner also sought registration of an offence and investigation by CBI into the alleged encounter of one T, a close associate of S, who was allegedly used to locate and abduct S and his wife K, and was thus a material witness against the Police personnel. Writ petitioner further sought a writ of habeas corpus to produce K, the sister-in-law of writ petitioner. Plea of respondent State that investigation could not be transferred to CBI Authorities or any other independent agency when the charge sheet had already been submitted .

       Findings of the Court :

        Having gone through the eight Action Taken Reports submitted by the Police Authorities before Court and after considering materials on record and considering the nature of offence sought to be investigated by State Police Authorities who were themselves involved in such crime, contention that the investigation at this stage could not be handed over to CBI Authorities or any other independent agency was held unacceptable. It is an admitted position in the present case that the accusations were directed against the local police personnel in which High Police officials of the State of Gujarat had been made the accused. Therefore, it would be proper for the writ petitioner or even the public to come forward to say that if the investigation carried out by the police personnel of the State of Gujarat is done, the writ petitioner and their family members would be highly prejudiced and investigation would also not come to an end with proper finding and if investigation is allowed to be carried out by local police authorities, all concerned including the relatives of the deceased may feel that investigation was not proper and in that circumstances it would be fit and proper that the writ petitioner and the relatives of deceased should be assured that an independent agency should look into the matter and that would lend the final outcome of the investigation credibility. It is also well known that when police officials of State were involved in the crime and in fact they are investigating the case, it would be proper and interest of justice would be better served if the investigation is directed to be carried out by the CBI Authorities, in that case CBI authorities would be an appropriate authority to investigate the case., Hence held that it could safely be concluded that in an appropriate case when the court feels that the investigation by the police authorities is not in 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 said that after the charge sheet is submitted, the court is not empowered, in an appropriate case, to hand over the investigation to an independent agency like CBI.

       Result : Ordered accordingly.