Investigation by fair and independent agency - Custodial deaths - Pilibhit Encounter - No violation of Art.14 and 21 of Constitution.
Fair and impartial investigation by an independent agency, not involved in the controversy, is the demand of public interest. If the investigation is by an agency, which is allegedly privy to the dispute, the credibility of the investigation will be doubted and that will be contrary to public interest as well as the interest of justice. [Mohd.Anis vs. Union of India, 1994 Supp (1) SCC 145= 1994 SCC (Cri) 251. A.M.Ahmadi & N.Venkitachala (JJ) ]
Investigation by independent agency - Pilibhit police encounter deaths by police as seemingly innocent Sikhs alleged as terrorists - Directions issued.
Accusations made against the local police personnel it would be desirable in the larger interest of justice to entrust the investigation to CBI forthwith so as to assure investigation credibility. Directions issued accordingly. Commission of Enquiry investigating the matter paid compensation of Rs.50,000/- paid. [ R.S.Sodhi vs State of U.P. 1994 Supp (1) SCC142 = 1994 SCC (Cri) 247 .Ranganatha Misra & Kuldip Singh (J&J)]
Investigation - Death in Police lock up - CBI Enquiry ordered .
Case of suicide registered by the police. The enquiry conducted by the City Magistrate was found unsatisfactory. The case is directed to be referred to CB1 immediately for a thorough and detailed investigation and submission of its report to Chief Secretary to the State Government of appropriate action and a copy of the report to the Supreme Court for necessary follow up action [ Mohan Lal Sharma vs State of U.P. (1989)2 SCC 600 = 1989 SCC (Cri) 434 = (1988) 3 JT 332. R.S.Pathak & M.H.Kania (JJ) ]
Investigation - Officials of the bank failure to do thheir duty.
Petitioner alleges that bank officers are causing a loss of nearly Rs.200 crores to the nation. Petitioner as a tax payer has requisite standing to maintain the petition as his complaint was that nationalised banks failed to do their duty resulting in huge loss to the nation. [B.R.Delavai vs Indian Overseas Bank. AIR 1991 Mad 61. Srinivasan (j)]
Constitution of India – Art.226 – Cannot direct to appoint a Commission of enquiry –Cannot be directed to have an enquiry conducted by the CBI.
The bare possibility that the power may be misused or abused cannot per se induce the court to deny the existence of the power. The power of the Government to “inform its mind” or to find out if certain facts exist and it is for the Government to consider whether it will ascertain the facts exist through its own sources, or its own departments or by appointing a commission of enquiry .No corresponding right is thereby conferred on any person to compel the Government to appoint a commission, the court could examine that too within every limited grounds . [ Kallara Sukumaran vs. Raghuchandra Bal. 1993(1) KLT 699. M.Jagannadha Rao (CJ) & K.Sreedharan (J)]