Says constitutional courts can order reinvestigation for ensuring fair investigation
SRINAGAR, FEB 26: To ensure a fair investigation, the High Court of J&K and Ladakh has ordered a fresh probe into the alleged fraudulent withdrawal of funds by officers of the Rural Development Department (RDD) Doda during 2009–10 and 2010–11.
“It goes without saying that the constitutional courts have the authority to order re-investigation/de-novo/fresh or even assign the investigation to any other investigating agency, with a view to ensure a fair investigation,” said a bench Justice Wasim Sadiq Nargal, observing that fair trial is often impossible without a fair investigation.
The case (FIR No. 07/2013) had been registered against at least nine officials under section 5(1) (d) r/w 5(2) J&K Prevention of Corruption Act, 2006, 120-B Ranbir Penal Code, for misappropriation of funds by dishonest and fraudulent means.
“While this Court acknowledges that issuing such a direction with regard to an investigation of a case should be done sparingly, the facts and circumstances of the present petition……have compelled this court to exercise this power,” the court said and ordered the fresh investigation into the case after quashing the order of re-investigation passed by the Special Judge, Anti-Corruption, Doda on 31 December 2018.
“Despite the fact that much water has flown from the date the said order was passed, yet this Court is not hesitant to quash the said order as the same was passed without proper application of mind and jurisdictional power of the said Court,” the court added.
Additionally, the court said, given the nature of allegations alleged in the complaint and the nature of the investigation conducted by the investigating agency (Vigilance Organization Jammu), the court ordered a fresh investigation preferably within a period of two months “under the supervision of Director, Anti-Corruption Bureau, J&K, to ensure fair and just investigation.
“…the Anti-Corruption Bureau shall submit the report of the investigation before the learned Special Judge Anti-Corruption, Doda, who shall proceed thereafter in accordance with law,” the court said, “It is not for this Court to examine, whether the contents of the complaint are correct or not. Nonetheless, the same requires to be thoroughly investigated and an investigation of such a nature per se would also aid the petitioners to clear their position, rather than being subjected to face multifarious litigations and investigations.” Therefore, the court said it is in the interests of the accused that the competent agency under the supervision of a senior officer is permitted to investigate and bring out the facts before the court of competent jurisdiction.
