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Showing contexts for: Botch in Subramanian Swamy & Anr vs Delhi Police & Ors on 26 October, 2017Matching Fragments
3. The principal grievance in this petition is that the investigation by Respondent No.1, Delhi Police, into the death of the late Ms. Sunanda Puskhar which took place in New Delhi on 17th January 2014 is being unreasonably delayed and that it is an "extreme example of the slow-motion of the criminal justice process and the extent to which it can be subverted."
4. The petition is replete with broad and sweeping allegations. One sample is in para 9 (N) which reads as under:
"Nine months after she was found mysteriously dead in a hotel room, the Delhi Police woke up to find that some of the personnel belongings (clothes, footwear, handbag) of Sunanda Pushkar have been missing all this while. This clearly shows a botched investigation, done at the behest of rich and influential." (emphasis in the original)
10. The third issue concerns the failure to disclose the complete facts. Nothing has been placed on record to probablise, let alone substantiate, the vague and sweeping allegations made in the petition. Dr. Swamy was asked whether he had any basis for alleging that the investigation was "botched" by the Delhi Police at the "behest of rich and influential". He was also specifically asked if, indeed, he had any information in his possession as to who these persons are. In response, Dr. Swamy stated that he would file a further affidavit to substantiate the above as well as other sweeping allegations referred to hereinbefore.
23. On a careful examination of the status reports filed in the Court in this petition, the Court is unable to be persuaded that the investigation being carried out by the SIT is „botched up‟ or under the influence of anyone. The Court is not satisfied that the high threshold of "rare and compelling circumstances" laid down in the above decisions is met in this case.
24. The Court would like to clarify that nothing said in this order should be construed as it having expressed any opinion on the investigation underway. The Court takes on record the assurance of Mr. Ishwar Singh, DCP heading the SIT "that no efforts shall be spared in taking the investigation of this case to its logical conclusion at the earliest".