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Thursday, October 25

SC dismissed PIL to constitute committee to make further investigation in all bomb blast cases taken place after 2002


Hon’ble Supreme Court has dismissed a petition filed with prayer to constitute a Committee to make further investigation of all the bomb blasts cases which have taken place since 2002.
 

In the case titled as “Gulzar Ahmed Azmi & Anr. vs. Union of India & Ors.” WRIT PETITION (CRL.) NO. 19 OF 2012, Mr. Justice Fakkir Mohamed Ibrahim Kalifulla, speaking for the bench observed that:


“If  the  prayer  of  the petitioners were to be accepted for whatever  grounds  stated  in  the  petition and any such Committee is directed  to  be  constituted  that will only result in making a roving inquiry into the various  criminal proceedings so far lodged connected with cases of bomb blasts all over the country” [Para 8]


Since criminal cases registered in connection with various incidents are either pending trial before the competent jurisdictional courts or being investigated by the jurisdictional police, it is premature to      say whether any and if so which of the accused is innocent or has been falsely implicated.  If anyone is falsely roped in any offence either under the provisions of Indian Penal Code or under any other special enactments, by way of criminal proceeding, it is needless to state that there are enough safeguards provided under the various laws and under the criminal law jurisprudence, to protect the interest of any such person claiming himself to be innocent and demonstrate before the concerned Fora that he has been falsely implicated in any offence. Therefore, it will be for the concerned individual against whom any criminal proceeding is lodged to work out his remedy. For instance, if in any particular criminal  case,  one  wishes  to  seek  for  further  investigation under Section 173 (8) of the Cr.P.C. the same can always  be effected even after the filing of the final report.  Such  a  power existing with  the  Investigating  Officer,  having  been  statutorily  provided, it will be a futile exercise if such a statutory exercise is   to be entrusted with a supernumerary body created under the head of  a  retired Judge of the Supreme Court along with other team  of  officers  and experts. When the time tested Criminal Procedure  Code  and  other  statutory provisions are working in the field providing for such  well  laid down procedure to be followed in the matter  of  regulating  such   criminal proceedings, the granting of the  petitioners’  prayer  would  amount to creating a parallel body without any statutory sanction and to function only under some directions of this Court  which  would  be  lacking in very many procedural details and will ultimately result  in   utter chaos and confusion in dealing  with  the  criminal  proceedings  which have already been lodged and progressing before various criminal  courts. [Para 9]



See the entire judgement here: