Supreme Court - Daily Orders
Awungshi Chirmayo vs Government Of Nct Of Delhi on 5 February, 2019
Bench: R. Banumathi, R. Subhash Reddy
1
ITEM NO.14 COURT NO.8 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 8034/2018
(Arising out of impugned final judgment and order dated 18-05-2018
in WPCRL No. 1364/2013 passed by the High Court Of Delhi At New
Delhi)
AWUNGSHI CHIRMAYO & ANR. Petitioner(s)
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS. Respondent(s)
(IA 127290/2018 – Exemp. From filing C/c of the impugned judgment)
Date : 05-02-2019 These matters were called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE R. BANUMATHI
HON'BLE MR. JUSTICE R. SUBHASH REDDY
For Petitioner(s) Mr. Colin Gonsalves, Sr.Adv.
Ms. Olivia Bang,Adv.
Mr. Satya Mitra, AOR
For Respondent(s) Mr. Sanjay Jain,ASG
Mr. Sibo Sankar Mishra,Adv.
Mr. B.K. Satija,Adv.
Mr. B. V. Balaram Das, AOR
Mr. Arvind Kumar Sharma, AOR
Mr. Chirag M. Shroff, AOR
UPON hearing the counsel the Court made the following
O R D E R
This Special Leave Petition is filed, aggrieved by the order dated 18.05.2018 passed in W.P.(Crl.)No.1364 of 2013 by the High Court of Delhi at New Delhi.
The aforesaid writ petition was filed seeking directions for transfer of investigation and prosecution in case FIR No.253/2013, P.S. Malviya Nagar, New Delhi to CBI. Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2019.02.07 17:02:13 IST Reason:
The deceased victim, aged about 25 years, was residing as a licensee at House No.424-B, Ground Floor, Chirag Delhi. On 29.05.2013, the victim girl was found dead in 2 her rented accommodation. On intimation by the landlord, case was registered on 31.05.2013 being FIR No.253/2013 initially under Section 306 IPC, which was subsequently altered to Section 302 IPC. On 01.06.2013, the investigation was transferred to Crime Branch. The petitioners, who claim to be the cousins of the deceased, allege that it was a case of rape and murder committed by the landlord and the nephew of the landlord by the name – Amit Sharma.
By order dated 28.01.2019, we have directed the first respondent – Govt. of NCT of Delhi to produce the Status Reports filed before the High Court and also apprise the present status of the investigation. Accordingly, two sets of Status Reports have been produced before us in sealed cover, which we have perused.
Having gone through the Status Reports, we are of the view that a Special Investigation Team (SIT) is to be constitued headed by a senior officer, not below the rank of Joint Commissioner of Police, to monitor the investigation into the death of the victim and on the allegation made by the petitioners.
Accordingly, the Commissioner of Police, Delhi is directed to constitute an SIT headed by a senior officer not below the rank of Joint Commissioner of Police. The SIT so constituted shall conduct futher investigation into the matter and file Status Report before this Court.
The Registry is directed to see, the Status Reports produced before this Court are handed over to the Commissioner of Police, who in turn, will hand over the same to the Head of the SIT to be constituted.
List this matter after three months. Needful be done in the meantime.
(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA) COURT MASTER BRANCH OFFICER