Fair investigation and de novo probe may be ordered during trial where the existing investigation is unfair or incomplete.

Fair investigation is an integral part of fair trial under Articles 20 and 21, and constitutional courts may order a further or de novo investigation by an independent agency in exceptional cases even after charge-sheet and during trial. The pendency of trial, or the availability of remedies before the trial court under Sections 311 and 391 CrPC and Section 165 of the Evidence Act, does not bar such intervention where the existing probe appears unfair, ineffective or incomplete and the circumstances demand complete justice, prevention of miscarriage of justice and restoration of public confidence. Applying that principle, the Court found the case fit for a CBI de novo investigation.

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Issues: Whether, despite completion of investigation by the State police and CBCID and pendency of trial, the facts justified entrustment of a de novo investigation to the CBI to secure a fair, impartial and effective probe and to prevent miscarriage of justice.

Analysis: The incident involved a public assassination causing grave concern to society and the record showed repeated allegations of partisan and ineffective investigation, coupled with the appellant's persistent request for an independent probe. The Court reiterated that fair investigation is an integral part of fair trial under Articles 20 and 21 of the Constitution of India, and that the constitutional power to direct investigation by an independent agency is exceptional but available even after filing of charge-sheet where the circumstances demand complete justice and restoration of public confidence. The pendency of trial or the availability of remedies before the trial court under Sections 311 and 391 of the Code of Criminal Procedure, 1973 and Section 165 of the Indian Evidence Act, 1872 was held not to be a bar where the investigation appeared inefficient, incomplete and incapable of yielding the truth. Considering the nature of the crime, the societal impact, the hostility of some witnesses and the need to instill confidence in the justice delivery system, the Court found the case to be one of exceptional circumstance warranting further intervention.

Conclusion: A de novo investigation by the CBI was warranted and directed.

Ratio Decidendi: In exceptional cases, constitutional courts may direct further or de novo investigation by an independent agency even after charge-sheet and during trial, where the existing investigation is found to be unfair, ineffective or incomplete and such intervention is necessary to secure the ends of justice, prevent miscarriage of justice and restore public confidence.

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