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V.GOPALA GOWDA, AMITAVA ROY
POOJA PAL – Appellant
Versus
UNION OF INDIA – Respondent
Key Points: - The judgment discusses the discretionary, exceptional use of directing CBI reinvestigation to ensure fair investigation and justice, including criteria like credibility, public confidence, and extraordinary circumstances (!) (!) (!) (!) (!) (!) (!) (!) . - It distinguishes between speedy trial and fair trial, emphasizing fair investigation as essential to due process and the public interest (!) (!) (!) (!) . - It holds that courts may direct de novo investigation or entrustment to CBI in exceptional situations to do complete justice, even if a charge-sheet has been filed or trial is pending, to prevent miscarriage of justice (!) (!) (!) (!) (!) (!) . - It cites precedents (e.g., Zahira, Kashmeri Devi, Gudalure Cherian, Rubabbuddin Sheikh) establishing that such orders are to be used sparingly and in exceptional circumstances to restore credibility in investigation and trial (!) (!) (!) (!) (!) . - It ultimately directs the CBI to undertake a de novo investigation within six months to ensure justice in the murder case, staying the trial interim (!) (!) .
JUDGMENT
AMITAVA ROY,J.
Leave granted.
2. The appellant, widow of slain Raju Pal, who at his death was a sitting M.L.A. of Uttar Pradesh State Assembly, is before this court in her relentless pursuit for securing investigation by the Central Bureau of Investigation (CBI) into the stirring incident of murderous attack on her husband, snuffing their a week old marital tie. This is the appellant's second outing before this forum, she having been relegated earlier to the High Court, to seek the remedy at the first instance. By the decision impugned, the High Court has declined the relief sought for.
3. We have heard Mr. R. S. Sodhi, learned senior counsel for the appellant, Ms. V. Mohana, learned senior counsel for the respondent Nos. 1 & 2, Mr. P.N.Misra, learned senior counsel for the respondent No. 3 and Mr. Manoj Goel, learned counsel for the respondent Nos. 4 and 5.
4. The eventful factual backdrop is outlined by the available pleadings. First the facts as narrated by the appellant. In the bye-elections to the vacant seat of Allahabad (West) State Assembly, held in the month of October 2004, the same having been vacated on the resignation of its incumbent Atiqe Ahmed, respondent N
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