Friday, August 23, 2013
Private funding of the investigative process is totally disapproved by Supreme Court of India
Private funding of the investigative process has been disapproved by the Hon'ble Supreme Court of India in Navinchanda N. Majithia v/s State of Meghalaya and Others, with the following landmark observations: "Financial crunch of any State treasury is no justification for allowing a private party to supply funds to the police for conducting such investigation. Augmentation of the fiscal resources of the State for meeting the expenses needed for such investigations is the lookout of the executive. Failure to do it is no premise for directing a complainant to supply funds to the investigating officer. Such funding by interested private parties would vitiate the investigation contemplated in the Code. A vitiated investigation is the precursor for miscarriage of criminal justice. Hence any attempt, to create a precedent permitting private parties to supply financial assistance to the police for conducting investigation, should be nipped in the bud itself. No such precedent can secure judicial imprimatur."
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