JUDGMENT

Anil Kshetarpal, J. - The petitioner has invoked the inherent jurisdiction of this Court, under Section 482 Cr.P.C, to transfer the investigation of a criminal case to the Central Bureau of Investigation or to any other fair or impartial and independent investigating agency. The petitioner alleges that he is being prosecuted by the State machinery, at the behest of his political opponents, who are governing the State. He alleges that he has been victimized and haunted by involving him in a large number of criminal cases, after his political opponents have taken over the governance in the State.

2. Once the executive, at the highest level, fails to take an action, although, certain glaring facts have come on record, the Constitutional Court is left with no other choice but to intervene and make attempt to redress the grievances. Fair investigation is a constitutional right of the accused/victim, fairness being a facet of Article 21 of the Constitution of India. In Babu Bhai Jamuna Dass Patel vs. State of Gujarat, (2010) 4 RCR(Cri) 311, the Supreme Court held that not only fair trial but fair investigation is also a part of the constitutional rights guaranteed by the Constitut