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Smt. Sunita Devi and Anr. v. Union of India and Ors.

Writ Petition (Criminal) · 2019 INSC 230Decided 20 Feb 2019
Writ Petition (Criminal) No. 188 of 2015
Justice A.K. Sikri · Justice S. Abdul Nazeer

Background

The petitioner's daughter-in-law and two grandchildren were murdered in 2001. After the trial court acquitted the accused and criticised the police investigation as improper, the petitioners sought a court-monitored re-investigation. In an earlier order (8 February 2018) the Supreme Court had already directed constitution of a Special Investigation Team (SIT), headed by a retired CBI Special Director, to re-investigate the FIR concerning the triple murder.

Decision Breakdown

The SIT completed its re-investigation and submitted a detailed report concluding that the two acquitted accused were indeed involved in the murders at the instance of the victim's husband, supported by forensic and polygraph evidence, and recommended departmental action against the original investigating officer. The petitioners' counsel raised objections that the SIT had not adequately investigated certain leads. Having heard the parties and perused the SIT's report and the petitioners' objections, the Court directed that the CBI examine the SIT's report and take a decision in the matter, and disposed of the writ petition in those terms.

Lesson Learnt

When courts order a fresh investigation via a Special Investigation Team, the matter is typically concluded by directing the appropriate investigating agency (here, the CBI) to act on the SIT's findings, rather than the Supreme Court itself adjudicating guilt: oversight and final action on the merits remain with the investigative/prosecutorial machinery.

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

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