Can a constitutional court direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner?
Coram: Justice Sanjay Kumar · Justice Sanjeev Sachdeva
A constitutional court can direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner.
A constitutional court can direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner. Such a court may also constitute a Special Investigating Team and direct authorities to assist it, and this power extends even after the trial has commenced (¶52, 55). Here, DNA-comparable material remained available and several potential witnesses were successfully traced within three weeks, showing the investigation had not been properly conducted and that reinvestigation would serve a real purpose (¶47, 48).
Constitution of India — Art.21 — Art.20(2) — Code of Criminal Procedure, 1973 — s.300 — s.173(8) — Reinvestigation — Fair investigation — Double jeopardy — Constitution of India — Code of Criminal Procedure, 1973 — s.173(8) — Power to direct reinvestigation — Held: A constitutional court can direct a fresh investigation by an independent agency where the original investigation was not conducted in a proper and objective manner. Such power extends even after trial has commenced and the court may constitute a Special Investigating Team. (¶52, 54) Constitution of India — Art.21 — Fair investigation — Held further: A fair investigation is as much a part of the constitutional right under Article 21 as a fair trial. An investigation conducted in a tainted or biased manner requires the court to interfere to prevent a failure of justice. (¶54) Constitution of India — Art.20(2) — Code of Criminal Procedure, 1973 — s.300 — Double jeopardy — Held further: The protection of Article 20(2) and Section 300 CrPC bars trying an accused already tried and acquitted, even where reinvestigation is directed into the crime. The appeal was disposed of with a de novo investigation by a newly constituted Special Investigation Team. (¶61)
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