In a Criminal Trial Informant and Investigator cannot be the same Person: Supreme Court.

Judiciary Aug 17, 2018 Editor : Shreya Bansal 1 Shares

The Supreme Court on August 16th, 2018 has set aside the conviction in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 stating that the prosecution is held to be vitiated because of the infraction of the Constitutional guarantee of a fair investigation.

Also Read - CONSTITUTION DAY OF INDIA: 26TH NOVEMBER 2020

The Bench comprising of Justices Ranjan Gogoi, Navin Sinha and R Banumathi laid down that the right to a fair investigation is a constitutional right guaranteed under Article 21 of the Constitution of India and any possibility of bias or predetermined conclusion needs to be excluded.

In this instant case, the informant was handed over the responsibility of investigating the case leading to the conviction of the appellant.

Also Read - ABAP Initiates Signature Campaign About the Need to Make Official Documents of Schedule VIII of the Indian Constitution Available in all Languages

The judgment penned by Justice Navin Sinha states that “In a criminal prosecution, there is an obligation cast on the investigator not only to be fair, judicious and just during investigation, but also that the investigation on the very face of it must appear to be so, eschewing any conduct or impression which may give rise to a real and genuine apprehension in the mind of an accused and not mere fanciful, that the investigation was not fair. In the circumstances, if an informant police official in a criminal prosecution, especially when carrying a reverse burden of proof, makes the allegations, is himself asked to investigate, serious doubts will naturally arise with regard to his fairness and impartiality. It is not necessary that bias must actually be proved. It would be illogical to presume and contrary to normal human conduct, that he would himself at the end of the investigation submit a closure report to conclude false implication with all its attendant consequences for the complainant himself. The result of the investigation would, therefore, be a foregone conclusion.”

“It is therefore held that a fair investigation, which is but the very foundation of fair trial, necessarily postulates that the informant and the investigator must not be the same person. Justice must not only be done but must appear to be done also. Any possibility of bias or a predetermined conclusion has to be excluded. This requirement is all the more imperative in-laws carrying a reverse burden of proof,” the judgment reads.

CONSTITUTION DAY OF INDIA: 26TH NOVEMBER 2020

Know The Law Nov 27, 2020 Lawstreet News Network ( Edition: Ekta Joshi ) 6 Shares

“Constitution isn’t a symbol that requires empty celebrations. It requires adherence to Constitutionalism.”On November 26th every year the citizen of India celebrates the Constitution Day (or Samvidhan Diwas). It is a matter of national pride for all Indians. Formerly known as Law Day, it has now come to be recognized as Constitution day of India. It is observed on 26th November every year to commemorate the adoption of the Constitution of India. On 26th November 1949, the...

Read full post

ABAP Initiates Signature Campaign About the Need to Make Official Documents of Schedule VIII of the Indian Constitution Available in all Languages

Legal Insiders Sep 27, 2020 Meghna Mishra ( Editor: Ekta Joshi ) 3 Shares

A Pan India Organisation of Lawyers, Akhil Bhartiya Adhivakta Parishad has initiated a signature campaign upon receiving feedback and recognizing the need of the people from various regions of the country. The signatories urge the government to make all the official documents available in all Languages of Schedule VIII of The Constitution of India. This comes as an urge because there is a significant portion of Indian citizens who are complacent with neither English nor Hindi. In this case, it...

Read full post