Home > Recent Judgements > Ensuring Fairness in politically Charged Investigations: Supreme Court
DEC 18, 2024
BACKGROUND
In the case between Kabir Shankar Bose vs. State of West Bengal & Ors., the petitioner, under Article 32 of the Indian constitution, challenges the impartiality of the investigation being conducted by the local police on the ground of heightened political tension between two opposing parties, Trinamool Congress (“TMC”) & Bhartiya Janta Party (“BJP”). The petitioner, a member of the BJP, had two FIRs lodged against him in 2020 on the grounds of causing grievous hurt to the complainants and others and relating to outraging the modesty of a woman. He was seeking a transfer of investigation to a more independent agency, namely Central Bureau of Investigation (“CBI”), based on his assumption that due to his long-strained relationship with the ex-father-in-law, who also happened to be a Member of Parliament (“MP”) from the ruling party in the State of West Bengal TMC, the local police would act under his misrepresented direction and would hesitate to conduct the investigation fairly.
FAIR INVESTIGATION
Fair investigation is one of the essential rights protected under Articles 20 and 21 of the Indian Constitution. It safeguards the parties in conflict by obligating investigative agencies to act fairly, transparently, and judiciously. Investigative agencies cannot be allowed to conduct investigations in a tainted or biased manner, as this would violate the fundamental rights of the accused, who, per the law, is presumed innocent until proven guilty. This principle enforces faith in the legal system, while also reestablish the integrity of justice delivery.
KEY ISSUES
ISSUES
- Whether the investigation should be transferred to the CBI to ensure fairness and impartiality or not?
- Whether the politically charged atmosphere served as a sufficient ground for transferring the investigation or not?
JUDGEMENT
The Supreme Court pronounced the judgment in favor of the petitioner by transferring the investigation from local police to the hands of the CBI. This Court observed that the investigation in pursuance of the two FIRs is still at a nascent stage and that it had not proceeded any further, due to the interim order, dated 13.01.2021, thus it is natural to ensure fair completion of the investigation so that, the trial may proceed. The court noted that no prejudice would be caused to either of the parties if the investigation is conducted by an independent agency other than the State police. Thus, in the court’s remark the politically charged atmosphere in the State of West Bengal may not be very conducive to a fair investigation and, hence, considered appropriate that instead of keeping the investigation pending for an indefinite period, the investigation be transferred to the CBI.
OBSERVATION
The court recognized that the matter of entrusting the investigation to a particular agency is basically at the discretion of the court but has to be exercised on sound legal principles. Thus, if the investigating agency somehow influences the investigation, and where it appears the investigation is bound to be tainted, to instill confidence in the investigation, the constitutional courts ought not to be shy in exercising the power of transferring an investigation from the State agency to any other independent agency like CBI. For this reason, the court transferred the matter of investigation to the CBI, regarding the petitioner, so that investigation should not only be credible but also appear to be credible.
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