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Dharam Pal v. State of Haryana & Ors.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 85 of 2016)Decided 29 Jan 2016
Criminal Appeal No. 85 of 2016
Justice Dipak Misra · Justice Prafulla C. Pant

Background

The appellant's minor daughter was allegedly raped, and the family initially stayed silent out of concern for her future. Soon after, the appellant's wife went missing and was later found dead near a canal bridge; an FIR was registered and, after further developments, a separate FIR was also lodged for the rape. The appellant alleged the local police investigation into his wife's murder was negligent and biased, pointing to a recommendation by senior state officials themselves to transfer the case to the CBI, departmental action already taken against two investigating officers for negligence, and material witnesses never examined, but the Punjab and Haryana High Court declined to transfer the probe to the CBI solely because the trial had already commenced.

Decision Breakdown

The Supreme Court held that the commencement of a trial or examination of some witnesses is not an absolute bar on a constitutional court's power to order further investigation or transfer investigation to another agency under Articles 226/32, relying on the Constitution Bench ruling in Committee for Protection of Democratic Rights and later decisions in Narmada Bai and K.V. Rajendran. It found this was one of the "rare and exceptional" situations warranting transfer, given that state authorities had themselves recommended CBI investigation, officers had already been found negligent and departmentally punished, and witnesses had been left unexamined without explanation, all of which undermined confidence in the existing investigation. The Court therefore allowed the appeal, set aside the High Court's order, and directed the CBI to investigate and file a report before the trial court, with the trial to remain stayed until that report is filed.

Lesson Learnt

A criminal trial already being underway does not by itself stop a victim's family from getting the investigation transferred to an independent agency like the CBI: courts can and will intervene if there is a real, demonstrated basis (such as the state's own admission of negligent investigation) to doubt the fairness of the existing probe.

Official source (sci.gov.in)View Judgment (PDF)

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