Fair Investigation - The Legal Chamber

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned

26Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned

The Supreme Court held that an investigation is not automatically vitiated solely because the informant and investigator are the same. This procedural irregularity must be examined on a case-specific basis for bias. The Court overruled the contrary precedent in Mohan Lal and restored the matter for a merits-based hearing. Facts Of The Case: Based on the secret information received on September 20, 2009, police intercepted a truck. The respondent, Gurnam @ Gama, was found sitting on a stack of bags in the cargo area, while the other respondent, Jaswinder Singh, was driving the vehicle. Upon search, the authorities recovered a significant quantity of 750 kilograms of poppy husk along with two motorcycles. Consequently, FIR No. 221 of 2009 was registered under the relevant sections of the N...

Supreme Court’s 15-Point Plan to Prevent Student Suicides in Coaching Hubs Like Kota

The Supreme Court, citing investigative bias and procedural lapses by local police, exercised its extraordinary power to transfer the probe to the CBI to ensure a fair and impartial investigation. The Court emphasized that such transfers are exceptional and warranted only in rare circumstances to uphold the rule of law. Facts Of The Case: A 17-year-old student, Ms. X, from West Bengal, was preparing for the NEET examination at the Aakash Byju’s Institute in Vishakhapatnam, Andhra Pradesh, and staying at the affiliated Sadhana Ladies Hostel. On the night of July 14, 2023, her father, the appellant, was informed she had fallen from the hostel's third floor and was taken to Venkataramana Hospital. Despite initially being conscious, her condition deteriorated and she passed away on July 16. ...

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

The Supreme Court transferred the investigation of a custodial death case to the CBI, citing bias in the local police probe under "nemo judex in causa sua" (no one should judge their own cause). It emphasized witness protection for the sole eyewitness, Gangaram Pardhi, and directed expedited arrests and trial, reinforcing accountability in custodial violence cases under constitutional safeguards. The judgment underscored fair investigation as a facet of Article 21. Facts Of The Case: The case stemmed from the custodial death of Deva Pardhi, a young man arrested by Madhya Pradesh police on 13th July 2024 during his wedding rituals in connection with a theft case (FIR No. 232/2024). Witnesses, including his uncle Gangaram Pardhi, alleged brutal torture—beatings, hanging upside down, and ch...