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1 - 10 of 20 (0.26 seconds)Section 201 in The Indian Penal Code, 1860 [Entire Act]
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Article 226 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Article 14 in Constitution of India [Constitution]
Commissioner Of Police, Delhi & Anr vs Registrar, Delhi High Court, New Delhi on 11 October, 1996
The assurance of a fair trial is the first imperative of the dispensation of justice, vide Commissioner of Police, Delhi vs. Registrar, Delhi High Court, New Delhi11 (para-16). The ultimate aim of all investigation and inquiry whether by the police or by the Magistrate is to ensure that those who have actually committed a crime, are correctly booked and those who have not, are not arraigned to stand trial. This is the minimal and fundamental requirement of Article 21 of the Constitution of India. Interpretation of provisions of Cr.P.C. needs to be made so as to ensure that Article 21 is followed both in letter and in sprit. "A speedy trial" is the essence of companion in concept in "fair trial". Both being inalienable jurisprudentially, the guarantee under Article 21 of the Constitution of India embraces both life and liberty of the accused as well as interest of the victim, his near and dear ones as well as of the community at large and, therefore, cannot be alienated from each other. A fair trial includes fair investigation as reflected from Articles 20 and 21 of the Constitution of India. If the investigation is neither effective nor purposeful nor objective nor fair, the courts may if considered necessary, may order fair investigation, further investigation or reinvestigation as the case may be to discover the truth so as to prevent miscarriage of justice. However, no hard and fast rules as such can be prescribed by way of uniform and universal invocation and decision shall depend upon facts and circumstances of each case.
Sasi Thomas vs State & Ors on 24 November, 2006
Proper and fair investigation on the part of the investigating officer is the backbone of rule of law vide Sasi Thomas vs. State13 (para-15 and 18).
Mohd.Haroon & Ors vs Union Of India & Anr on 26 March, 2014
29. Whether rule of law should prevail and fundamental rights guaranteed to people under Articles 14 and 21 of the Constitution of India should be observed or deliberate inaction, misconduct and dereliction in duty of officers, if any, should be excused or protected, is an important question before the State Government under the facts and circumstances of the present case. Keeping in mind the statement of the Home Secretary noticed in the aforequoted order dated 02.02.2021 and the observations of the Hon'ble Supreme Court in Mohd. Haroon and others vs. Union of India and another14, (para-129), that "the officers responsible for maintaining law and order, if found negligent, should be brought under the ambit of law irrespective of their status," we presently leave this question open to the wisdom of the State Government for proceeding departmentally against erring officers strictly in accordance with law.