Proper and fair investigation must for rule of law: SC

New Delhi, Nov 30 (UNI) The Supreme Court has held that proper and fair investigation on the part of the investigating officer is the backbone of the rule of law.

The observation was made while disposing of a petition filed by Sasi Thomas, brother of the deceased nurse Achamma in which Vice- President of a reputed bank in USA Jose Paul is facing trial for the alleged suicide committed by his wife Achamma on January 24,1998.

A bench comprising Justices S B Sinha and Markandey Katju in its judgment dated November 24 castigated the Ooty police for not conducting fair investigation in the case and observed,"It is clearly a matter of great concern that the authorities did not become alive to the situation. Although the dead body was buried on the premise that she died of heart attack, final report was submitted stating that she might have committed suicide. We do not know on what material such an opinion was arrived at by the investigating officer.It is only because of persistent efforts on the part of the appellant to move the high court a further investigation was directed to be made by the CB-CID. Another final report was submitted that respondent no. 4 and 5 have committed the offence under sections 302 and 201 IPC respectively." The new final report revealed tha she died of poisoning allegedly by her husband and his brother, respondent no. 4 and 5 respectively.

The court further observed that CB-CID officer should have made a thorough investigation and if the allegations made by the appellant are correct the same depicted a sordid state of affairs. The investigation must be in consonance with the ingredients of the offence. It cannot be haphazard or unmethodical.

The apex court though declined to order a CBI investigation as there are 47 prosecution witnesses including the appellant. Yet it directed the trial court not to hesistate in using its powers under section 311 Cr.P.C. to alter the charge if any occasion arose for such a course of action. The court further ruled that in a given case again it can consider the question from the viewpoint of the appellant herein as regards the existence of circumstances which point out to the guilt of the respondent no.4.

The appellant has given a list of over a dozen circumstances to prove that his sister was murdered and did not commit suicide.

The apex court while permitting the appellant to engage his own counsel to assist the state counsel during trial concluded by noting,"Proper and fair investigation on the part of the investigating officer is the backbone of rule of law. A proper and effective investigation into a serious offence and particularly in a case where there is no direct evidence, assumes great significance as collection of adequate materials to prove the circumstantial evidence becomes essential. Unfortunately the appellant has not been treated fairly. When a death has occurred in a suspicious circumstance and in particular when an attempt has been made to bury the dead body hurriedly and upon obtaining apparently an incorrect medical certificate. It was expected that upon exhumation of the body, the investigating authorities of the state shall carry out their statutory duties fairly." UNI AKS/SC RP KN1922