Unfair, Tainted Probe: Rajasthan High Court Transfers To CBI Murder Case Of 22Yr Old From "Marginalised Community"

While hearing a murder case involving the bajri (sand) mafia the Rajasthan High Court transferred the matter to CBI after observing that the investigation conducted by the State Police and CID had been so "unfair, tainted and incomplete" that it had "pricked the judicial conscience" of the Court.

A single judge bench of Justice Sameer Jain was hearing a plea moved by two men in a case registered under various provisions of the IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in relation to the murder of a 22-year-old man belonging from "marginalized SC/ST community", allegedly killed at the behest of the sand mafia to "set an example in the society" in order to protect its own interests and to prevent clandestine removal of bajri.

While hearing the arguments of both the sides, the Court took note of the multiple discrepancies in the investigation of the case as well as the conduct of the authorities involved.

The Court said that the postmortem report of the deceased reflected 14 injuries on his body out of which the one on his neck was considered to be the grievous one and the primary cause of his death. Some of those injuries were not only considered gruesome but were astonishingly brutal including cutting of deceased's genitals and tongue. Despite this, the medical opinion of the state authorities, contrasted significantly on the cause of death, attributing it to heavy intoxication of the deceased leading to blocking of his airway by his own vomit. Furthermore, all the injuries were opined as simple by the medical experts of the state.

The high court further noted that no provisions under the SC/ST Act on the rights of the victim were followed by the state/police authorities that mandated immediate filing of the FIR. Contrary to this, the FIR was registered after a delay of 3 days that too only on account of pressure from the MP/MLA; such delay causing serious hampering with the substantial evidences and witnesses.

Also, despite there being specific allegations against the lease holders and/or bajri mafia in the FIR, no charge-sheets were filed against these individuals, thus protecting them, the court observed.

It was also alleged by the family of the deceased that since the day of commission of the offence, they were being pressured to enter into a compromise either through threats or monetary gratifications.

In the background of these facts, the Court opined that the matter should be transferred to the CBI for fresh investigation and observed,“Therefore, in the facts and circumstances of the present case, and pursuant to having taken note of the foregoing stipulations and/considerations noted above, this Court cannot help but take note of the fact that the investigation so conducted in the offense as alleged has been unfair, tainted and incomplete, which has pricked the judicial conscience of this Court. Hence, whilst referring the present case to the CBI for investigation, this Court deems it appropriate to reiterate that the investigation conducted by the police authorities and CID (CB) up until now, cannot be acted upon, as the same is opposed to the tenets of fair play and justice.”

The High Court further said that in a sensitive matter such as this one where offences against marginalised communities is alleged to have been committed, the investigation authorities had "miserably failed in their task to uphold the tenets of a fair investigation" as stipulated by the Cr.P.C. and the SC/ST Act wherein despite knowledge of a cognizable offense, no timely FIR was registered, log-book was not maintained and the roznamcha was not prepared.

The counsel appearing for the accused argued that the extraordinary power granted to the Court to transfer the matter to CBI should be exercised sparingly in exceptional circumstances only and the same could not be done in a mechanical or routine manner.

Rejecting the arguments of the counsel, the Court referred to the Supreme Court case of Vinay Tyagi v Irshad Ali in which it was held that the Court could direct fresh and further investigation where it appeared that the investigation per se was ex facie unfair, tainted, mala fide with smacks of foul play. In such situation, the investigation should be set aside and fresh or de novo investigation must be directed, if necessary, even by another independent investigation agency.

Title: Abhishek & Anr. v State of Rajasthan & Anr.

Citation: 2024 LiveLaw (Raj) 212

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