2016 (1) TMI 1384 - SC - Indian Laws

Appeal allowed; de novo CBI reinvestigation ordered for murder despite pending trial to prevent miscarriage of justice

Pooja Pal Versus Union Of India And Ors.

SC allowed the appeal and directed a de novo CBI investigation into the murder, notwithstanding the pending trial, finding that a fresh, impartial probe ... Prayer to the official respondents to entrust a fresh investigation into the episode by the C.B.I. - the appellant since after the murder of her husband had been persistently appealing for investigation by any impartial agency i.e. CBI, expressing without reservation, her doubts about the genuineness and bona fide of the probe being conducted by the state police. Held that:- The present factual conspectus leaves one with a choice either to let the ongoing trial casually drift towards its conclusion with the possibility of offence going unpunished or to embark upon investigation belated though, spurred by the intervening developments, to unravel the truth, irrespective of the persons involved. As it is, every offence is a crime against the society and is unpardonable, yet there are some species of ghastly, revolting and villainous violations of the invaluable right to life which leave all sensible and right minded persons of the society shell shocked and traumatized in body and soul. Such incidents mercifully rare though are indeed exceptionally agonizing, eliciting resentful condemnation of all and thus warrant an extra-ordinary attention for adequate remedial initiatives to prevent their recurrence. In our considered view, even if such incidents otherwise diabolical and horrendous do not precipitate, national or international ramifications, these undoubtedly transcend beyond the confines of individual tragedies and militatively impact upon the society’s civilized existence. If the cause of complete justice and protection of human rights are the situational demands in such contingencies, order for further investigation or reinvestigation, even by an impartial agency as the CBI ought to be a peremptory measure in the overwhelming cause of justice. Notwithstanding the pendency of the trial, and the availability of the power of the courts below under Sections 311 and 391 of the Code read with Section 165 of the Evidence Act, it is of overwhelming and imperative necessity that to rule out any possibility of denial of justice to the parties and more importantly to instill and sustain the confidence of the community at large, the CBI ought to be directed to undertake a de novo investigation in the incident - appeal allowed. Issues Involved:1. Request for CBI investigation.2. Allegations against state police and local authorities.3. Previous attempts on the deceased's life.4. Alleged political influence and police connivance.5. Procedural irregularities in investigation and post-mortem.6. Witness intimidation and hostile witnesses.7. Legal precedents and judicial principles on fair investigation and trial.Detailed Analysis:1. Request for CBI Investigation:The appellant, widow of the slain Raju Pal, sought a CBI investigation into her husband's murder. The Supreme Court noted the appellant's persistent efforts, including previous approaches to the High Court and Supreme Court, to secure a CBI probe, reflecting her deep-rooted impression of state police partisanship.2. Allegations Against State Police and Local Authorities:The appellant alleged that the local police, influenced by political figures, were complicit in her husband's murder. She cited continuous harassment and assaults on her husband's supporters and family, and the replacement of his security staff by the state government, which allegedly facilitated the murder.3. Previous Attempts on the Deceased's Life:The appellant detailed several prior attempts on Raju Pal's life, including a significant attempt on 28.12.2004. Despite representations to the Governor and other authorities, adequate security was not provided, and existing security was withdrawn, indicating a deliberate neglect.4. Alleged Political Influence and Police Connivance:The appellant accused prominent political figures, including respondent Nos. 4 and 5, of orchestrating the murder due to political rivalry. The involvement of high-ranking police officers in the conspiracy was also alleged, supported by the statements of a suspended police officer who cited undue pressure from superiors to misdirect the investigation.5. Procedural Irregularities in Investigation and Post-Mortem:The appellant highlighted procedural lapses, such as the hurried and secretive post-mortem and cremation of Raju Pal's body without informing the family, aimed at destroying evidence. The state government's initial decision to transfer the investigation to the CBI, later declined by the Central Government, was also noted.6. Witness Intimidation and Hostile Witnesses:The trial revealed that several key witnesses turned hostile, failing to identify the assailants despite being present at the crime scene. This suggested either improper identification by the investigating agencies or witness tampering, undermining the investigation's credibility.7. Legal Precedents and Judicial Principles on Fair Investigation and Trial:The Supreme Court referenced multiple precedents emphasizing the necessity of fair investigation and trial, underscoring the judiciary's duty to ensure justice. The Court reiterated that fair trial includes fair investigation, and any deficiency therein warrants judicial intervention to uphold justice. The Court cited cases like Zahira Habibulla H. Sheikh, Bharati Tamang, and Rubabbuddin Sheikh to illustrate the judiciary's role in addressing investigative lapses and ensuring impartiality.Conclusion:The Supreme Court, considering the exceptional circumstances and the need for an impartial investigation, directed the CBI to conduct a de novo investigation into Raju Pal's murder. The Court emphasized that this decision was driven by the overarching necessity to ensure justice and maintain public confidence in the judicial system. The CBI was instructed to complete the investigation within six months, and the trial court was directed to proceed expeditiously based on the new findings.