Supreme Court in the Case Nasima V. The State Of Uttar Pradesh & Or’s the court ordered further investigation into the matter by a senior officer in the case relating to the alleged custodial death of in a police station Mohd.Faisal in Unnao District in the State of Uttar Pradesh, the court observed that fair and impartial investigation has not been carried out.
The Court observed recording dissatisfaction at the probe,
After going through the records placed before us the complaint of the petitioner, in our considered view, deserves indulgence of this Court In the view that the manner in which the investigation has been conducted by the investigating officer cannot be said to be fair and impartial.
The 17-year old boy was allegedly assaulted by police for selling vegetables violating lockdown norms, Therefore, the Court ordered further investigation and named a senior officer Mr.Bhagwan Swarup, Inspector General of Police, Intelligence, HQ, Lucknow to personally undertake the same in relation to the death of Faisal at Police Station Bangermau, Unnao District, Uttar Pradesh in May 2021.
A senior Police Officer, Shri Bhagwan Swarup, Inspector General of Police, Intelligence, HQ, Lucknow shall personally undertake further investigation of the complaint made by the petitioner on which FIR No. 160 of 2021 has been registered, in a fair and impartial manner and report be furnished to this Court within a period of eight weeks, the bench was in an option either to send the matter to the CBI for further re-investigation, but after hearing the counsel of the parties, the bench considered it appropriate
The mother of the deceased Nasima, filed a petition wherein she approached the Supreme Court challenging the refusal of the Allahabad High Court to hand over the investigation to CBI or any other independent agency, the order passed by Justices Ajay Rastogi and Bela M Trivedi.
The complainant (the mother) was contending that her complaint was against the local police officials who were present in the police station Bangermau, under whose custody her son was brutally murdered. It was also her contention that the investigation which was undertaken by the Circle Officer attached to the Police Station Bangermau, District Unnao, would not be fair and transparent as the administration has not paid any heed to her request.
The complainant had approached the Allahabad High Court praying for transferring the investigation to either CB or some other independent agency, for a fair and transparent investigation with regards to the FIR.
The Court had earlier directed the State to file a complete charge sheet on the basis of which charge under Sections 302/34 IPC has been framed and also stayed further proceedings in Sessions Trial No.1059/2021 titled State vs. Satya Prakash & Or’s. pending before the learned Sessions Judge, Unnao.
The Top Court, after considering the statement recorded u/s 161 by the investigating officer, said that no one has supported the case of the prosecution, but the charge-sheet was filed under Section 304 IPC and the learned Sessions Judge has framed charges later under Section 302/34 IPC.
The bench said the manner in which the investigation has been conducted by the Circle Officer of the police Station under whose jurisdiction the charge-sheet came to be filed on the basis of the charges later been framed under Section 302 IPC on 2nd December, 2021, we have not been able to endorse our satisfaction of a fair and independent investigation.
The need to ensure fair investigation of crime is undoubtedly imperative because it protects at one level the rights of the victim and the fundamental rights of every citizen and for a fair investigation to meet the ends of justice by way of fair trial in Court. The bench said the object of the investigation is to search for the truth as the fair investigation is the backbone of the criminal justice system.