Fair investigation and transfer to an independent agency where local inquiry creates reasonable apprehension of bias or ineffectiveness

Fair investigation is part of the constitutional guarantee of a fair trial and the rule of law. A court may transfer an investigation to an independent agency where the circumstances create a reasonable apprehension that the local police investigation is partisan, ineffective, or unable to discover the truth. The power is exceptional and must be used sparingly, but it is available where legitimate doubt exists about the fairness of the local inquiry and intervention is needed to secure confidence in the process and prevent failure of justice. On the stated facts, the investigation was directed to be transferred to the Central Bureau of Investigation.

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Issues: Whether the investigation into the death of a college student warranted transfer from the State police to the Central Bureau of Investigation on the ground that the existing investigation did not inspire confidence and a fair investigation was necessary.

Analysis: Fair investigation is an integral part of the constitutional guarantee of a fair trial and of the rule of law. A court may direct transfer of investigation to an independent agency where the facts disclose an exceptional situation, or where there is a reasonable apprehension that an investigation by the local police may be partisan, ineffective, or incapable of discovering the truth. The power is to be exercised sparingly, but not so narrowly as to defeat the ends of justice where the circumstances of the case create legitimate doubt about the fairness of the local investigation.

Conclusion: The investigation was directed to be transferred to the Central Bureau of Investigation.

Ratio Decidendi: Where the available material shows a reasonable apprehension that the local investigation may not be fair and an independent inquiry is necessary to secure confidence in the process and prevent failure of justice, the Court may exercise its constitutional power to transfer investigation to the Central Bureau of Investigation.

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