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2006 Supreme(All) 1581
IN THE HIGH COURT OF ALLAHABAD
IMTIYAZ MURTAZA, AMAR SARAN
SANDEEP KUMAR YADAV - Appellant
Versus
STATE OF U.P. - Respondents
W. P. 5382 Of 2006
Decided On : 05/24/2006
Gopal Srivastava, H.P.Srivastava
Preventing unwarranted political interference in criminal investigations and ensuring compliance with Government Orders and Court Decisions.
Headnote:
Political Interference - Criminal Investigation - Section 302 IPC, Cr. P. C. - AIR 1993 SC 1082, 1997 Cri. L. J. 63 - Violation of Government Orders and Court Decisions
Fact of the Case:
The court stayed the operation of an order transferring a criminal investigation from the CBCID to the local police due to improper political interference at the instance of the accused, who was a prominent political figure. The accused had influenced the transfer of investigation twice, contravening the directions of the Apex court and violating Government Orders and Court Decisions.
Finding of the Court:
The court found unwarranted political interference with the investigation process, leading to delayed or unfair investigation and eroding public faith in governance. It noted the abject submission of police officers to illegitimate demands of political leadership and the violation of Government Orders and Court Decisions.
Issues: The issues included improper political interference in criminal investigations, contravention of court directions and Government Orders, and the impact on public faith in governance and the administration of justice.
Ratio Decidendi: The court emphasized the need to prevent unwarranted political interference in criminal investigations and highlighted the violation of Government Orders and Court Decisions as a basis for its decision.
Final Decision: The court directed the Principal Secretary (Home) to provide detailed information on pending investigations with the CBCID and cases transferred to the CBCID in the last 24 months. It also emphasized the need for impartial and norm-compliant transfer of investigations from local police to CBCID.
( 2 ) EARLIER on 9. 5. 2006 after hearing the learned counsel for the petitioner and learned A. G. A. and examining the short counter affidavit filed by N. C. Tripathi, deputy Secretary, we had stayed the operation of the order dated 31. 3. 2006 passed by the State Government whereby the investigation, which was earlier transferred from the local police at the instance of Mahendra nath Yadav, the accused respondent No. 7. on 27. 1. 2005, had again been retransferred to the local police. Prima facie those orders appeared to have been passed due to improper political interference in the matter at the instance of the accused in a case under section302 IPC who was the President of the Student Union, Shiv Harsh Kisan P. G. College, Basti, a member of the Zila panchayat and the lohiya Vahini Manch of the Samajwadi Party. The documents filed with the short counter affidavit of N. C. Tripathi, Deputy Secretary, reveal that the transfer from the CBCID to the local police and vice versa on the request of the respondent no. 7 had the support of Chhavi Raj yadav Ex-Senior Vice-President of the samajwadi Party, district Basti. Shri Balram yadav, Minister, Panchayat Raj and Shri Raj kishore Singh, Minister, Udyan Vibhag, U. P.
( 3 ) THE extent of political interference is apparent from the fact that at the instance of the accused the investigation has been transferred not once, on 27. 1. 05 when it was earlier transferred to the CBCID, but twice, when it has again been re-transferred on 31. 3. 06 to the local police, as it was no more convenient for the accused that the investigation be completed and charge sheet be submitted as the investigation by the CBCID was reaching culmination.
( 4 ) THE first transfer dated 27. 1. 2005 had been effected even though the report of the in-charge of Superintendent of Police, Basti noted that he was satisfied that the local police had conducted the investigation in a fair manner, but in the usual manner the s. P. had signalled his absence of objections to the case being investigated by the CBCID.
( 5 ) THIS is a pathetic state of affairs when an accused person can have the choice of the investigating agency, which must dance to his tune. These orders transferring the investigation at the instance of the accused in a case under Section 302 IPC were also in contravention of the directions of the Apex court in Union of India Vs. W. N. Chadha, air 1993 SC 1082 and C. B. I. Vs. Rajesh gandhi, 1997 Cri. L. J. 63:. (AIR 1997 C 93) (SC ).
( 6 ) AS we had also directed by our order dated 9. 5. 2006 that the present investigating officer of the CB CID, who is investigating the case should conclude the investigation, the officer is present and he states that he has submitted the charge sheet on 23. 5. 2006 and initiated proceedings under section 83 Cr. P. C. . in respect of one accused who is still absconding.
( 7 ) SHRI R. P. Srivastava, learned counsel for respondent No. 7 has filed an application for modification of our order dated 9. 5. 2006 on the basis of which he states that respon-dent No. 3, Director General of, Crime branch, CBCID and respondent No. 6, inspector, Divisional Office, Crime Branch, cbcid, Gorakhpur had adopted coercive measure against respondent No. 7 and initiated proceedings under Sections 82 and 83 Cr. P. C. and that they wanted to submit a charge sheet. As we found that submission of charge sheet was desirable, we have found the modification application devoid of merit, and we have rejected it summarily by a separate order of date.
( 8 ) THIS Court notes that unwarranted political interference with the investigation process specially when the accused belongs to the ruling party and the abject submission of police officers who readily issue no-objection certificates without assigning valid reasons to such illegitimate dem
