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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ARUN DEV CHOUDHURY
Dhananjoy Saikia S/o Late Kamala Saikia – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. deficiencies in the investigation process (Para 2 , 3 , 4 , 5 , 6) |
| 2. affirmation of proper investigation by the state (Para 7 , 8) |
| 3. criteria for ordering independent investigation (Para 10 , 11 , 12) |
| 4. relevant facts of the case (Para 14 , 15) |
| 5. court's assessment of investigation integrity (Para 16 , 17 , 18) |
| 6. conclusion on petition and future implications (Para 19 , 20 , 21 , 22) |
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. S. Bharali, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam representing the State respondents.
2. The present writ petition is filed with a prayer for proper investigation of Sivasagar PS case No. 291/1991 registered under Sections 3 65 /302 IPC read with Sections 3 /4/5 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act, 1987) inasmuch as it is alleged that due to apathy of the investigating agencies, the investigation was not carried out properly and there are serious lapses and irregularities in the investigation apparent from the case diary.
3. Mr. Bharali, learned counsel for the petitioner alleges that there are serious lapses and irre
The court established that the extraordinary power under Article 226 for investigation must be exercised cautiously and only in exceptional circumstances to ensure judicial integrity.
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The court affirmed that the extraordinary power to direct an independent investigation under Article 226 should only be exercised with clear evidence of ineffective investigation or involvement of in....
High Court under Article 226 can direct CBI re-investigation only in rare exceptional cases; insufficient on unfair investigation claim post charge-sheet filing.
The court affirmed that further investigation is permissible under Section 173(8) CrPC even after a charge sheet is filed, ensuring a fair and just investigation.
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
The court affirmed that thorough investigations were conducted, finding no deficiencies or evidence of foul play, thus denying the request for re-investigation.
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
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