Independent investigation in serious crime allegations upheld to restore confidence in justice and ensure complete justice

The Supreme Court upheld a direction for a fresh investigation by the Central Bureau of Investigation where serious allegations of abduction and murder, supported by the Bar Association's report and police material, were not properly examined on merits by the High Court. The Court considered the existing police investigation insufficient in the exceptional circumstances and found that an independent inquiry was necessary to secure confidence in the administration of justice and ensure complete justice.

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Issues: Whether the High Court was justified in declining to direct an independent inquiry into the alleged abduction and murder of the advocate and his family, and whether a fresh investigation by a specialised agency was warranted.

Analysis: The matter placed before the High Court involved serious allegations reflected in the record, including the Bar Association's report and the police material. The refusal to examine the controversy on its merits was found to be unjustified in the circumstances. To secure confidence in the administration of justice and to do complete justice, the existing police investigation was considered insufficient for the exceptional facts of the case, making a fresh investigation by an independent agency appropriate.

Conclusion: The direction for a fresh investigation by the Central Bureau of Investigation was upheld and the appeal succeeded.

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