'Interference in criminal cases is hallmark of political parties'
Allahabad, Aug 23 (UNI) Allahabad High Court today remarked that unwarranted political interference with investigation of a criminal case has now become hallmark of all or any political party, who may be in power.
This kind of interference has resulted in delayed or unfair probe, which has potential of eroding peoples' faith in governance.
The court henceforth directed that the transfer of investigations to CB-CID cannot be done in a routine manner or at the direction of chief minister or other authorities.
The bench comprising Justices Imtiyas Murtaza and Amar Saran directed that probe must be effected in accordance with the government orders and guidelines/decisions of the division bench.
The court clarified every authority, howsoever high, is subject to the rule of law and no authority can be permitted to act in an arbitrary manner.
The court has directed that transfer orders and official report shall mention the reasons and rules/government orders for the transfer of CB-CID.
The court in its direction said immediate steps be taken for the arrest of the accused, who are found involved especially in grave cognizable cases including cases under sections 302, 307, 364-A etc and reasons will have to be furnished for not arresting the accused inspite of the long time.
The bench directed these steps for the speady arrest of the accused which are needed to dispel the impression of the court and the general public that transfers of investigation to the CB-CID have not been done in order to protect accused from political considerations.
The chart of cases furnished in counter affidavit had revealed that 1,079 cases are pending investigation with CB-CID out of those matters 100 cases are pending investigation for a period of over ten years, 167 cases between five to 10 yrs, 93 cases between 3-5 yrs, 197 cases between 1-3 yrs and 522 cases pending invesgitation over a period of one year.
The court has asked for compliance report, fixing September 12, 2006.
UNI XC VS RS1939