Supreme Court - Daily Orders
Neelam Mishra vs Union Of India Ministry Of Home Affairs ... on 17 July, 2017
Bench: Dipak Misra, A.M. Khanwilkar, Mohan M. Shantanagoudar
ITEM NO.51 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 124/2016
NEELAM MISHRA Petitioner(s)
VERSUS
UNION OF INDIA MINISTRY OF HOME AFFAIRS SECRETARY Respondent(s)
Date : 17-07-2017 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr. V. Shekhar, Sr. Adv.
Mr. Nishant Anand, Adv.
Mr. Soumo Palit, Adv.
Mr. Chander Shekhar Ashri, AOR
For Respondent(s) Mr. P.S. Narasimha, ASG
Mr. Bharat Singh, Adv.
Mr. Rajiv Nanda, Adv.
Mr. D.V. Balramdas, Adv.
Mr. P.K. Dey, Adv.
Mr. D.S. Mahra, AOR
Mr. Mukesh Kumar Maroria, AOR
UPON hearing the counsel the Court made the following
O R D E R
This Court vide order dated 24.3.2017, by detailed order, had directed as follows :-
“It is submitted by Mr. V. Shekhar, learned senior counsel for the petitioner that there has been no proper investigation in respect of the crime in question and effort is being made for some unfathomable reason to treat it as an accident. True it is, some investigation has been carried out by the Crime Branch of Delhi Police after the case Signature Not Verified being transferred from NOIDA as there was Digitally signed by GULSHAN KUMAR ARORA total inaction by the NOIDA Police. It is Date: 2017.07.25 13:01:07 IST Reason: urged by Mr. Shekhar, learned senior counsel that the material evidence, as is demonstrable, has been destroyed by the accused persons who have some influence and, therefore, it is a fit case to assuage the 2 feelings of an anguished mother in search of justice to be transferred the investigation to the CBI.
Mr. Rana Mukherjee, learned senior counsel for the CBI and Mr. Ajit Kumar Sinha, learned senior counsel appearing for the Delhi Police though initially made an effort to put forth before the Court that the Delhi Police has taken extreme pains to solve the issue and, therefore, no fault can be found with its status report, later on they left it to the discretion of the Court.
At this juncture, we make it clear that we do not think that there has been any kind of laxity in the investigation carried out by the Delhi Police, but there can be no doubt that the CBI is more equipped and the citizens of this country have faith in its investigating abilities.
In view of the aforesaid, we direct the CBI to investigate into the crime independently and file the status report before this Court within three months hence. Needless to say, when the CBI is conferred the responsibility by this Court to investigate into the crime, it has to investigate independently, impartially and objectively without being influenced by any kind of prior investigation or prior status report.” In view of the aforesaid order, status report has been filed by the Central Bureau of Investigation. On a perusal of the status report, it is noticeable that the investigation is in progress. In view of the aforesaid, we direct the Central Bureau of Investigation to continue the investigation in proper perspective and do the needful as requisite in law. The status report submitted by the Central Bureau of Investigation be kept in a sealed cover.
With the aforesaid directions, the writ petition stands disposed of.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master