Supreme Court - Daily Orders
In Re: Harassment &Amp Physical Abuse Of ... vs Supreme Court Bar Association on 3 December, 2015
Bench: Chief Justice, R. Banumathi
1
ITEM NO.3 COURT NO.1 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Criminal) No.92/2014
IN RE: HARASSMENT & PHYSICAL
ABUSE OF AMBIKA DAS, ADVOCATE Petitioner(s)
VERSUS
COMMISSIONER OF POLICE & ORS. Respondent(s)
Date : 03/12/2015 This petition was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s)
Mr. Vijay Hansaria, Sr.Adv.(a.c.),Adv.
Ms. Sneha Kalita (a.c.),Adv.
By Courts Motion,Adv.
Ms. Jyotika Kalra,Adv.
Mr. Raghvendra Singh Parihar, Adv.
Mr. Avnish Pandey, Adv.
Ms. Shobha, Adv.
Ms. Akanksha Kaushik, Adv.
For Respondent(s)
Mr. Sidharth Luthra, Sr. Adv.
Mr. P.K. Dey, Adv.
Mr. Amarjeet Singh, Adv.
Mr. D.S. Mahra, Adv.
Ms. Aishwarya Bhati, Adv.
(For SCBA) Mr. T.Gopal, Adv.
Ms. Madurima Ghosh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
By our order dated 22.04.2015 we had directed the Special Signature Not Verified Digitally signed by Commissioner ASHOK RAJ SINGH Date: 2015.12.04 of Police (Special Cell) to ensure that the 16:56:21 IST Reason:
investigation into the incident which happens to be the subject matter of these proceedings is conducted under the supervision of 2 an officer not below the rank of Deputy Commissioner of Police (D.C.P.) and to submit a report to this Court in a sealed cover on or before 11.05.2015. The Special Commissioner of Police has accordingly submitted two interim reports. In the latter of the two reports it is pointed out that the investigating officer has examined as many as 40 witnesses so far. The status report further states that the investigation is currently pending for want of original Audio/Video recordings allegedly made by the complainant and an alleged eye-witnesses.
Mr. Siddharth Luthra, learned senior counsel appearing for the respondent draws our attention to the CrlM.P. No.11845 of 2015 to point out that the original of the alleged two recordings, one made by the complainant and the other by Mr. Krishna Murari, the alleged eye-witness of the incident have not been handed over to the investigating agency for being sent to the Forensic Science Laboratory for verification. It is submitted that the complainant had declined to part with the said recordings which is the reason for the delay in the completion of the investigation.
Learned counsel for the complainant and the complainant who is also present in person submit on instruction that the original recordings made by the complainant and also that made by Mr. Krishna Murari, the eye-witness is in the possession of the complainant and that she has no intention of withholding the same or preventing the investigation agency from verifying the recordings with the help of the Forensic Science Laboratory. She 3 submits that the complainant is ready and willing to cooperate and submit the original recordings to investigating agency so that the same are sent to Forensic Science Laboratory for verification after due and appropriate certification by the person concerned. In that view of the matter, therefore, we direct the complainant to hand over the original recordings mentioned above to the investigating agency against proper receipt and to cooperate with the agency in the matter of certification etc. We further direct that the investigation which has already been delayed shall be completed within eight weeks from today. We permit the complainant to retain a copy each of the recordings while one more copy duly certified shall be furnished to the complainant by the investigating agency to whom originals are handed over.
Crl.M.P.No.8178 of 2015 and Crl.M.P.No.11845 of 2015 are accordingly disposed off in terms of the above.
List again on 10th March, 2016.
(ASHOK RAJ SINGH) (VEENA KHERA)
Court Master Court Master