Saturday, September 7, 2013
SC: "No COURT MONITORED INVESTIGATION in 2G Spectrum Scam"
While adjudicating WRIT PETITION (C) NO.548 OF 2012 in the matters of Civil Appeal No.10660 of 2010, under Article 136 of the Constitution of India by special leave, praying for a Court monitored investigation by the Central Bureau of Investigation (CBI) or by a Special Investigating Team into what was described as the 2G Spectrum Scam and also for a direction to investigate the role played by A. Raja, the then Union Minister for Department of Telecommunications (DoT), senior officers of DoT, middlemen, businessmen and others, the Hon'ble Supreme Court of India has recently dismissed this writ petition, with a clear observation that there are no good reason either to frame guidelines to be followed by a constitutional court in relation to monitoring of criminal investigation on 3rd September 2013, in respect of the aforesaid 2G Spectrum Scam. While passing this final order, the Hon'ble Apex Court has also well discussed about the COURT MONITORED INVESTIGATION as follows: "Monitoring of criminal investigation is the function of investigating agency and not that of the Court – either of the superior Court or of the trial Court. But unsolved crimes, unsuccessful prosecution, unpunished offenders and wrongful convictions bring our criminal justice system in disrepute. Crores and crores of tax payers’ money is being spent for investigating crimes in our country since every such incident is a crime against the society. When the persons involved in the crime wield political power and influence, the possibility of putting pressure on the investigating agency, which is no more independent in our country, is much more. Common people will be left with the feeling that they can get away with any crime which tarnish the image not only of the investigating agency but judicial system as well. Once investigation fails, Court will face with a fait accompli. Proper and uninfluenced investigation is necessary to bring about the truth. Truth will be a casualty if investigation is derailed due to external pressure and guilty gets away from the clutches of law. More and more demands are now coming before the Courts for its monitoring of investigation relating to crimes committed by influential persons and persons who have political influence, with the apprehension that they could derail the investigation. Courts in public interest sometime have to take such a course in the larger public interest. That burden this Court has discharged in various cases like Vineet Narayan’s case and Gujarat Communal Riot’s case, etc. This Court has taken the consistent view that once charge-sheet is submitted in the proper Court, the process of Court monitoring investigation comes to an end and it is for that Court to take cognizance of the offence and deal with the matter."
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