Right To Fair Trial Extends To Victim Of Crime As Well: Punjab & Haryana HC Transfers Murder Case To CBI Upon Noting Police's Inaction

The Punjab & Haryana High Court has transferred a murder case registered more than an year ago, to Central Bureau of Investigation (CBI), observing that there was a failure on the part of the jurisdictional police authorities in performing their statutory duty.

Justice Harpreet Singh Brar said, "the petitioner is going pillar to post in hopes of getting justice for the murder of her husband and has registered four complaints regarding fair investigation of the same. This Court is of the opinion that endeavours must be made to provide solace to the relatives of the victim and assure them that the investigation will be conducted fairly...the right to fair trial is not only restricted to the accused. It extends to the victim and the society as well. Nowadays, all the attention is given to the accused to ensure fair investigation resulting in a fair trial while little concern is shown to the victim and the society. The onerous duty to maintain a middle ground to secure fair investigation and trial of the accused without sacrificing the interest of the victim and the society is cast upon the Courts."

The court observed that specific allegations had been made against all the accused persons and strong motives had also been attributed in the FIR.

Refraining from commenting on the conduct of the Gurugram Police and without making any further remarks on the veracity of the material available on record, the  Court opined that, "it is a hit case for entrustment of investigation to respondent No.9-CBI to meet the ends of justice."

Background

The Court was hearing a plea of a woman seeking directions under Section 482 to entrust the investigation of FIR on her husband's murder case, under Sections 302, 34 of IPC and Section 25 of Arms Act, 1959 at Gurugram, to an independent agency such as the Central Bureau of Investigation.

It was stated that in January, the petitioner's husband, who was a property dealer was threatened with death, by his business partners. The respondents allegedly owed over Rs.9 Crores, which was never returned. 

In January 2023, the deceased husband went missing and later Police informed her that his bullet-ridden dead body was found near the railway line near Dwarka Expressway.

The counsel for the petitioner contended that from the very inception, the jurisdictional police authorities are trying to shield the culprits and have been subverted in a calculated manner to cover up the case.

The Investigating Officer has introduced false witnesses and arbitrarily recorded the statements of real witnesses. Further, all the incriminating material was also not brought on record to help the accused, the counsel added.

After considering the submissions, the Court observed, that it transpired that specific allegations had been made by naming all the accused in the FIR itself and a very strong motive had also been accorded to the accused in the FIR by the petitioner.

The Court further added that in the exercise of its inherent power under section 482 Cr.P.C to secure the ends of justice, it can entrust the investigation to an independent agency to rule out any bias. 

Accordingly, the Court referred the matter to the CBI to investigate and file its report before the concerned court within four months.

Appearance: Gaurav Jain, Advocate

Ravi Yadav, Advocate for the petitioner.

Geeta Sharma, DAG, Haryana.

Akashdeep Singh, Advocate for respondent No.9-CBI.

Citation: 2024 Live (PH) 52