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of <h1>Court dismisses mandamus petition for evidence from South Africa, emphasizing investigating agency's autonomy</h1> <h3>Vigin Verghese S/o. Shri. K.V. Verghese Versus Union of India And Anr.</h3> Vigin Verghese S/o. Shri. K.V. Verghese Versus Union of India And Anr. - TMI Issues involved:Petitioner seeking mandamus for investigating agency to procure documents from South Africa and file them with the Trial Court.Analysis:1. The accused's right in the investigation process:The judgment emphasizes that the accused does not have the right to dictate the manner or method of investigation. The accused lacks the authority to choose the investigating agency or influence the appointment of a specific agency. Citing various Supreme Court decisions, it establishes that the accused cannot determine how the investigation should proceed or the mode of prosecution. Notable cases referenced include Union of India vs. W.N. Chadha, Divine Retreat Centre vs. State of Kerala, Narmadabai vs. State of Gujarat, and Sanjiv R. Bhatt vs. Union of India.2. Precedents on choosing the investigating agency:Referring to Romila Thapar vs. Union of India, the judgment clarifies that neither the accused nor other involved parties can select their preferred investigating agency. The accused cannot demand a change in the investigating agency or influence the investigation process, including requesting a court-monitored investigation. The judgment also cites Arnab R. Goswami vs. Union of India, highlighting that the displeasure of the accused regarding the investigation's progress does not warrant transferring the case to the C.B.I., relying on Romila Thapar vs. Union of India.3. Court's stance on the accused's requests:The judgment addresses the petitioner's request for the investigating agency to obtain documents from South Africa, stating that such requests are aimed at building the petitioner's defense early in the investigation. It clarifies that the investigating agency is responsible for collecting all necessary evidence during the investigation, and court intervention based on the accused's request is unnecessary. The court emphasizes that adjudicating the defense of an accused in a potential trial is beyond the scope of a petition under Article 226 of the Indian Constitution.4. Dismissal of the Petition:Ultimately, the court deems the present petition as misconceived and dismisses it. The judgment concludes that the petitioner's request for court direction to procure documents from South Africa for defense purposes at the investigation's outset is unnecessary, as the investigating agency will collect all relevant evidence during the course of the investigation. The court reiterates that the defense of an accused or prospective accused cannot be settled through a petition under Article 226 of the Indian Constitution.This detailed analysis of the judgment provides a comprehensive overview of the court's decision regarding the petitioner's request for mandamus in the context of the accused's rights in the investigation process and the court's stance on such requests based on legal precedents and principles.
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