STATE (NCT OF DELHI) vs NAVJOT SANDHU ALIAS AFSAN GURU

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(SC) 346

P.VENKATARAMA REDDI, P.P.NAOLEKAR
STATE (NCT OF DELHI) – Appellant
Versus
NAVJOT SANDHU ALIAS AFSAN GURU – Respondent

Judgement Key Points

Question 1? What is the scope of the Supreme Court's appellate jurisdiction in relation to investigation challenges in a criminal appeal? Question 2? What are the available avenues for seeking independent agency investigation (e.g., CBI) in the midst of a criminal appeal, and how should the court treat such applications? Question 3? What measures, if any, are required to ensure the safety and security of the respondent while proceedings and investigations are ongoing?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

Question 1?

What is the scope of the Supreme Court's appellate jurisdiction in relation to investigation challenges in a criminal appeal?

Question 2?

What are the available avenues for seeking independent agency investigation (e.g., CBI) in the midst of a criminal appeal, and how should the court treat such applications?

Question 3?

What measures, if any, are required to ensure the safety and security of the respondent while proceedings and investigations are ongoing?

ORDER

1. Mr Gopal Subramanium, learned Senior Counsel resumed his arguments at 10.45 a.m. Crl. MPs. Nos. 2030-32 of 2005 in Crl. As. Nos. 376-78 of 2004

2. As the hearing of the case was going on the respondent applicant S.R. Geelani was shot at near the residence of his advocate in the night of 8-22005. Disturbed by this incident, we wanted to have a report from the police authorities regarding the steps taken in the matter of investigation. A report has been placed before us in a sealed cover which we have perused.

3. An application was filed on behalf of the said respondent applicant S.R. Geelani for seeking a direction to entrust the investigation to an independent agency such as CBI. As it would not be appropriate for the court hearing the criminal appeal to deal with an application of this nature especially when other remedies are open to the party, we decline to pass any orders on this nor express any view thereof. We may add that the learned counsel appearing for the respondent applicant has also stated that the said relief will be pursued, if necessary, by seeking recourse to appropriate remedy. We may, however, record that the learned Senior Counsel has expressed serious

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